NCDRC

NCDRC

RP/2162/2018

GENERAL MOTORS INDIA PVT. LTD. - Complainant(s)

Versus

NEURON MARKETING PVT. LTD. & 3 ORS. - Opp.Party(s)

MR. VIPIN SINGHANIA

27 Aug 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2162 OF 2018
 
(Against the Order dated 21/05/2018 in Appeal No. 669/2013 of the State Commission Delhi)
1. GENERAL MOTORS INDIA PVT. LTD.
THROUGH MR. RAJESH PAWAR, AUTHORIZED REPRESENTATIVE, REGISTERED OFFICE AT SURINDER JAKHAR BHAWAN, IFFCO COMPLEX, PLOT NO. 3, SECTOR 32, INSTITUTIONAL AREA,
GURUGRAM-122001
HARYANA
...........Petitioner(s)
Versus 
1. NEURON MARKETING PVT. LTD. & 3 ORS.
THROUGH SHRI ANIL SHARMA, DIRECTOR 403, VISHAL TOWER, DISTRICT CENTRE, JANAKPURI
NEW DELHI-110058
2. TATA AIG GENERAL INSURANCE CO. LTD.
LOTUS TOWER, FIRST FLOOR, COMMUNITY CENTRE, NEW FRIENDS COLONY,
NEW DELHI-110025
3. AUTO VIKAS SALES & SERVICES PVT. LTD.
12-A, SHIVAJI MARG,
NEW DELHI-110015
4. HDFC BANK LTD.
J-12/21, GARDEN
NEW DELHI-110027
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Petitioner :
Mr. Vipin Singhania, Advocate
For the Respondent :

Dated : 27 Aug 2018
ORDER

Heard Learned Counsel for the Petitioner and perused the impugned order passed by the State Commission, by which the Petitioner has been directed to bear 35% of the loss incurred by the Complainant and 65% was to be borne by the Insurance Company.

Learned Counsel for the Petitioner, Mr. Vipin Singhania, has obtained instructions that the Petitioner shall pay the amount of 35% of the compensation, as ordered by the State Commission.  However, he requested that the finding regarding manufacturing defect recorded by the District Forum as also the State Commission be expunged.

As the Petitioner has agreed to pay the proportionate amount, as directed by the State Commission, we deem it fit and in the interests of justice to expunge the adverse finding recorded by the District Forum and the State Commission regarding the manufacturing defect.  We order accordingly.

The Revision Petition is disposed of in the above terms.

The Petitioner is granted two weeks’ time to pay the aforesaid amount to the Complainant.     

 
......................J
R.K. AGRAWAL
PRESIDENT
......................
M. SHREESHA
MEMBER

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