NCDRC

NCDRC

RP/4602/2010

TUSHAR SHARMA - Complainant(s)

Versus

FORD INDIA PVT. LTD. & ORS. - Opp.Party(s)

MR. RAJESH K. SINGH

25 Feb 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4602 OF 2010
 
(Against the Order dated 24/09/2010 in Appeal No. 283/2010 of the State Commission Chhattisgarh)
1. TUSHAR SHARMA
Through Shri Prateek Sharma, R/o. 43, Geetanjali Vihar, Ameri Road, Nehru Nagar
Bilaspur
Chhattisgarh
...........Petitioner(s)
Versus 
1. FORD INDIA PVT. LTD. & ORS.
Through Managing Director, S.P. Coil Post
Chengalpattu - 603201
Tamil Nadu
2. VANSH FORD (ADITYA WHEELS) (I) PVT. LTD.
Ring Road No. 2, Sarona, Raipur, Tehail &District Raipur
Raipur
Chhattisgarh
3. KAMAL JAIN, PROPRIETOR VANS FORD (ADITYA WHEELS) (I) PVT. LTD.
Ring Road No. 2, Sarona, Raipur, Tahsil & District Raipur
Raipur
Chhattisgarh
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT

For the Petitioner :
Mr.Rajesh K. Singh, Advocate
For the Respondent :NEMO

Dated : 25 Feb 2011
ORDER

Complainant/petitioner purchased a Ford Fiesta car from the opposite parties for a total sum of Rs.5,60,000/- by making down payment of Rs.10,000/- and obtaining finance for the balance amount from ICICI Bank Ltd.  The said vehicle had an insurance cover from ICICI Lombard Insurance Company.  The car met with an accident on 14.3.2009 in which tie-end-rod of the car broke besides several other damages.  According to the petitioner, opposite parties 2 and 3 were informed but they did not take any action.  Aggrieved by this, the petitioner approached opposite parties 2 and 3 to purchase the requisite parts but the opposite parties refused to sell the requisite parts.  On being asked by the complainant, the opposite parties told him that the parts would be sold only if the car is got repaired from opposite party No.2.  Alleging the attitude of opposite parties 2 and 3 improper, against law and contrary to the fair trade practice, the complainant sent a legal notice to opposite parties 2 and 3 and put up a demand to sell him the requisite spare parts.  Opposite party No.3 refused to take the legal notice.  Since the vehicle of the complainant was not repaired, being aggrieved, the petitioner filed complaint seeking direction to the opposite parties to either provide the spare parts or take back the car and refund Rs.5,60,000/-, registration and insurance amount of Rs.60,000/- with interest at the rate of 24% and compensation of Rs.1,00,000/- towards mental agony.

          District Forum partly allowed the complaint and directed the opposite parties to provide all necessary parts such as tie-end-rod, fender and other necessary parts for carrying out the repairs of the damaged vehicle within one month.  Rs.5,000/- were awarded towards mental agony and Rs.1,000/- as costs.

          Respondents accepted the order passed by the District Forum and did not file the appeal before the State Commission.  Petitioner filed the appeal before the State Commission, which has been dismissed by the impugned order.  Petitioner had asked for either of the two reliefs.  Petitioner has been given the first relief and a direction has been issued to the respondents to make available the necessary parts such as tie-end-rod, fender and other necessary parts for carrying out the repairs of the damaged vehicle.  The first relief prayed for by the petitioner has been given.  We find no infirmity in the orders passed by the fora below.   Counsel for the petitioner prays that the compensation should be enhanced from Rs.5,000/- to a reasonable figure.  We do not find any substance in this submission.  District Forum has considered the claim put up by the petitioner thoroughly and in detail and, keeping in view the facts of the case, rightly assessed the compensation of Rs.5,000/-

          No ground for interference is made out.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT

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