NCDRC

NCDRC

RP/2851/2010

MARUTI SUZUKI INDIA LTD. - Complainant(s)

Versus

JOSE KURIAN & ANR. - Opp.Party(s)

MR. A.K. THAKUR

04 Apr 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2851 OF 2010
 
(Against the Order dated 19/04/2010 in Appeal No. 273/2007 of the State Commission Kerala)
1. MARUTI SUZUKI INDIA LTD.
Plot No. 1, Nelson Mandela Road, Vasant Kunj
New Delhi - 110070
Delhi
...........Petitioner(s)
Versus 
1. JOSE KURIAN & ANR.
Kaithackal House, Vattambara P.O.
Kothamangalam
Kerala
2. M/S. INDUS MOTOR CO. PVT. LTD.
One Way Junction, Near R.K. Hospital
Muvattupuzha - 686673
Kerala
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
 HON'BLE MR. ANUPAM DASGUPTA, MEMBER

For the Petitioner :MR. A.K. THAKUR
For the Respondent :NEMO

Dated : 04 Apr 2011
ORDER

PER MR.JUSTICE R.K. BATTA, PRESIDING MEMEBR Heard Counsel for the Petitioner. The Respondents have been duly served by dasti notice. No one has entered appearance on their behalf The Respondents were informed that the matters is fixed for final disposal at the admission stage itself. The District Forum had awarded compensation of Rs.25,000/- plus cost of Rs.1500/-. In appeal filed by the Petitioner as also Opposite Party no.2-Dealer, the compensation was reduced to Rs.10,000/- with cost of Rs.1500/- . This order is subject matter of challenge in this revision. The grievance of the Counsel for the Petitioner is that the certificate of sale was issued by Opposite Party no.2 dealer wherein the manufacture of vehicle was shown as May, 2006 whereas the registration certificate shows that the manufacture of the vehicle was in fact January, 2006. In these circumstances, obviously the manufacturer could not be held liable and the responsibility in respect of the transaction, in question, could be fixed only upon the Dealer/Opposite Party no.2. In view of this, while allowing this revision, we set aside the order of the fora below fixing joint and several responsibility on the present Petitioner. The amount awarded by the State Commission shall be payable only by Opposite Party no.2/Respondent no.2 herein. The revision stands disposed of in aforesaid terms with no order as to costs.

 
......................J
R.K. BATTA
PRESIDING MEMBER
......................
ANUPAM DASGUPTA
MEMBER

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