Delhi

StateCommission

A/08/911

HINDUSTAN MOTORS LTD. - Complainant(s)

Versus

MR. V.K. GUPTA - Opp.Party(s)

09 May 2016

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Arguments : 09.05.2016

Date of Decision : 16.05.2016

Appeal No.911/08

 

(Arising out of the order dated 29.05.2008 passed in Complaint Case No.304/05 (1034/04)  by the

District Consumer Redressal Forum-X, Delhi.)

In the matter of:

M/s. Hindustan Motors Limited,

Having its Registered Office at:

9/1, R.N. Mukherjee Road,

Kolkata-700001.                                                                                              …..........Appellant

 

VERSUS

1. Mr. V.K. Gupta,

Sole Prop. Of M/s. Janak Cold Storage,

R/o 127-D, Kamla Nagar,

Delhi-110007.

 

2. M/s. Excel Motors,

Through its Managing Director,

Block B-1, E-20,

Mohan CO-OP, Industrial Estate,                                                            

Mathura Road,

New Delhi                                                                                                                              .....Respondents

                                                                

CORAM

O. P. Gupta, Member (Judicial)

 

1.     Whether reporters of local newspaper be allowed to see the judgment?

2.      To be referred to the reporter or not?

 

 O.P. Gupta, Member (Judicial)

1. The present appeal challenges order dated 29.05.2008 passed by District Forum in Complaint Case No.304/05 (1034/04).

 

2. In brief, the case of respondent-1 was that he purchased a car of manufacturing year 1999 whereas the appellant supplied car of the year 1998.  The representative of OP-2 assured that manufacturing year was 1999 and there was defect in RC which would be got rectified.  On failure, respondent-1 sought refund of entire price viz. Rs.84,233/- alongwith compensation of Rs.1,00,000/- and interest @24% per annum. The respondent did not turn up despite service and was proceeded exparte. Respondent-2 tried to justify the stand that manufacturing year was 1999 by illustrating the 17 digits vehicle identification number. District Forum found that respondent-2 failed to establish its defence. Hence, appellant was directed to pay Rs.50,000/- towards difference in price of car whose model was one year older.

 

3. In appeal, the appellant has pointed out that decision is exparte, appellant was not served as wrong address was given. The error in address was demonstrated from the envelope vide which copy of impugned order was sent by District Forum. The article was redirected, appellant has given a different address in appeal.

 

4. Anyhow, the counsel for appellant submitted that it is not necessary to enter into the said controversy. Reason being that car has already been sold by the complainant/respondent-1 during the pendency of the case before the District Forum. The same is confirmed from the observations of District Forum in last para that at the time of arguments complainant’s counsel stated that car in question had already been sold, so there is no question of refund of the price of the car.

 

5. It has been held by National Commission in Revision Petition No.2562/12 titled as Tata Motors  Vs. Hazoor Maharaj Baba decided on 25.09.2013 that if the car is sold during the case, complainant is no more a consumer.  Similar view has been taken by National Commission in Hoshiarpur Improvement Trust Vs.Major Amrit Lal Saini-I (2008) CPJ 249 and in appeal no.466/08 titled as Rajiv Gulati Vs. Authorised Signatory Tata Engineering  & Locomotive decided on 23.04.2013.  To the same effect is the decision of National Commission in Revision Petition No. 2321/08 titled as Tata Motors Ltd. Vs. Manoj Gadi, decided on 08.05.2014,

 

6. In view of the above law, the appeal succeeds. The same is accepted, impugned order is set aside and complaint is dismissed. 

 

7. A copy of this order be sent to all the parties free of cost and one copy be sent to District Forum for information.

 

8. File be consigned to Record Room.

 

 

(O.P. Gupta)

Member (Judicial)