ORDER

Present : Counsel for the complainant

Counsel for the opposite party No.1

Counsel for the opposite party No.2

On 26.10.2016, Sh. Anandpal Singh, Managing Director of Maharaja Auto Wheels Pvt.Ltd.on behalf of the opposite party No.1 had suffered a statement that he is authorized dealer of the opposite party No.2 and there is no defect in the car in question and if there is any defect in the car in question, opposite party No.1 is ready to resolve the defect in the car in question at their agency as per rules. At this stage, Sh.Amit Bhatia, Adv.counsel for the complainant also suffered statement that he has heard the statement of Sh.Anandpal Singh, Managing Director of the opposite party No.1. Car in question has problem in brake and the complainant is being harassed due to defect in the car and he had to go to the opposite party No.1 to remove the defect in the car which was not resolved by the opposite party No.1. Counsel for the complainant also pressed for compensation and litigation expenses. In view of the statement suffered by the opposite party No.1 and counsel for the complainant, instant complaint stands disposed of with a direction to the opposite party No.1 to remove the brake defect of the car in question to the satisfaction of the complainant within 30 days of the receipt of copy of order without charging any amount from the complainant. It is evident that opposite party No.1 has made the complainant to file the instant complaint and the opposite party No.1 has been opposing the case tooth and nail and the complaint has been pending disposal since 4.9.2015. The complainant has also appointed a counsel to pursue the instant complaint and incurred expenses for the proceedings as well. As such, complainant is entitled to adequate compensation as well as litigation expenses to mitigate his loss. Although the complainant has requested for compensation to the tune of Rs. 1,00,000/-, but however, amount claimed by the complainant is quite exorbitant and excessive. It is well settled law that compensation has to be granted in commensuration with the loss and no exorbitant and excessive compensation can be granted to enrich a party at the cost of the other. As such, we direct the opposite party No.1 to pay Rs.10000/- as compensation to the complainant besides litigation expenses to the tune of Rs.2000/-. Compliance of the order be made within a period of 30 days of the receipt of copy of order; failing which, amount awarded shall carry interest at the rate of 9% p.a.from the date of passing of order until payment. Complaint against opposite party No.2 stands dismissed. Copy of the order be furnished to the parties free of costs. File be consigned to the record room.