Madhya Pradesh

StateCommission

RP/18/33

P.S.DAYAMA - Complainant(s)

Versus

M/S VOLKSWAGEN GROUP SALES (I) LTD - Opp.Party(s)

SH.LALIT GUPTA

22 Sep 2020

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL

PLOT NO.76, ARERA HILLS, BHOPAL

                              

                                    REVISION PETITION NO. 33 OF 2018

(Arising out of order dated 27.08.2018 passed in C.C.No.466/2017 by the District Commission, Bhopal-1)

 

P.S.DAIMA.                                                                                                       …          PETITIONER.

 

Versus

                 

M/S VOLKSWAGEN GROUP SALES INDIA

PVT.LTD. AND ANOTHER                                                                                …         RESPONDENTS.

 

BEFORE:

 

                  HON’BLE SHRI JUSTICE SHANTANU S. KEMKAR    :      PRESIDENT

                  HON’BLE SHRI PRABHAT PARASHAR                       :      MEMBER   

 

                                      O R D E R

22.09.2020

 

          Shri Lalit Gupta, learned counsel for the petitioner.

            Shri Prashant Sthapak, learned counsel for the respondent no.1.

             None for the respondent no.2.

 

As per Shri Justice Shantanu S. Kemkar :            

                         This revision petition is directed against the order dated 27.08.2018 passed by the District Consumer Disputes Redressal Commission, Bhopal-1 (For short ‘District Commission’) in C.C.No.466/2017 whereby the District Commission has allowed the application filed on behalf of the opposite party no.1 for deletion of its name stating in the application that they have been wrongly impleaded as opposite party no.1 and in fact the opposite party no.1 ought to have been “SKODA AUTO Volkswagen India Pvt. Ltd. 4th Floor, Silver Utopia, Cardinal Gracious Road, Chakala, Andheri (E) Mumbai-400 099,” which is the name of opposite party no.1 after various mergers and amalgamations.

2.                     Having regard to the reply of the revision petition supported by verification clause and statement made on behalf of the “Chief Manager, Legal of SKODA AUTO Volkswagen India Pvt. Ltd” we are of the view that the impugned order deserves to be maintained and is hereby maintained. However, we permit the petitioner/complainant to implead “SKODA AUTO Volkswagen India Pvt. Ltd. 4th Floor, Silver Utopia, Cardinal

-2-

Gracious Road, Chakala, Andheri (E) Mumbai-400 099” as opposite party no.1 in place of the present opposite party no.1 in the complaint.

3.                     Learned counsel who has filed reply on behalf of “M/S Volkswagen Group Sales India Pvt. Ltd.” undertakes to file reply on behalf of SKODA AUTO Volkswagen India Pvt. Ltd within one month from the date of its impleadment by the petitioner/complainant by making appropriate amendment in the complaint.

4.                     Learned counsel for complainant undertakes to make necessary amendment so as to implead the party as aforesaid in the complaint on or before the next date of hearing.

5.                     Parties are directed to appear before the District Commission on 14.10.2020. Reply be filed by the newly added opposite party within 30 days from the date of appearance of parties before the District Commission. Record be sent forthwith.

6.                     With the aforesaid directions, this revision petition stands disposed of.

 

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