NCDRC

NCDRC

RP/874/2013

MARUTI SUZUKI INDIA LTD. - Complainant(s)

Versus

SHIJI JOSEPH & 2 ORS. - Opp.Party(s)

MR. A.K. THAKUR

21 Feb 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 874 OF 2013
 
(Against the Order dated 29/11/2012 in Appeal No. 383/2012 of the State Commission Kerala)
WITH
IA/1571/2013,IA/2414/2013
1. MARUTI SUZUKI INDIA LTD.
REGISTERED OFFICE AT 1 NELSON MANDELA ROAD VASANT KUNJ
NEW DELHI - 110070
...........Petitioner(s)
Versus 
1. SHIJI JOSEPH & 2 ORS.
KOONAMMACKAL (H) MANNAMKANDAM, P.O MILLIMPADY, ADIMALY, IDUKKI
IDUKKI
KERALA
2. MANAGING DIRECTOR, POPULAR VEHICLES & SERVICES LTD
KATTUKKARAN CENTRE, MAMANGALAM,
COCHIN
KERALA
3. POPULAR VEHICLES & SERVOCES LTD
NEAR TELEPHONE, THANGALAM ,KOTHAMANGALAM
ENNAKULAM
KERALA
...........Respondent(s)
REVISION PETITION NO. 1590 OF 2013
 
(Against the Order dated 29/11/2012 in Appeal No. 383/2012 of the State Commission Kerala)
WITH
IA/1571/2013,IA/2414/2013
1. M/S. POPULAR VEHICLES AND SERVICES LTD. & ANR.
...........Petitioner(s)
Versus 
1. ADV. SHIJA JOSEPH & 2 ORS.
...........Respondent(s)
REVISION PETITION NO. 1814 OF 2013
 
(Against the Order dated 29/11/2012 in Appeal No. 279/2012 of the State Commission Kerala)
WITH
IA/1571/2013,IA/2414/2013
1. M/S. POPULAR VEHICLES AND SERVICES LTD. & ANR.
...........Petitioner(s)
Versus 
1. SHIJI JOSEPH & 2 ORS.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
In R.P. No. 874/2013 : Mr. A. K. Thakur, Advocate
In R.P. Nos.1590 & 1814 of 2013 : Mrs. K. Radha, Adv.
For the Respondent :
In R.P. No. 874/2013:
R1 in person
Mrs. K. Radha, Adv. for R2 and R3
In R.P. Nos.1590 & 1814 of 2013
R1 in person
Mr.A. K. Thakur, Adv. for R2 and R3

Dated : 21 Feb 2014
ORDER

By this common order, we propose to dispose of the above noted three revision petitions arising out of the same impugned order involving the similar question of law and facts. 2. The petitioners in their respective revision petitions are aggrieved of the following orders passed by the State Commission as under:- eard both parties. Opposite parties 1 & 2/Respondents 2 & 3 in Appeal 383/12 and Respondents 3 & 4 in Appeal 279/12 are directed to replace the defective engine of the complainant car within one month from this day. Issue copy of this order to Opposite parties 1 and 2. 3. Learned counsels for the petitioners have drawn our attention to the order of the District Forum dated 29.12.2011 whereby the District Forum directed the petitioners to remove the defect of the complainant vehicle to his satisfaction providing a warranty of one year or 50000 kms for the engine and also pay Rs.25,000/- as compensation besides cost of litigation Rs.2,000/-. They have further contended that the State Commission, in violation of principle of natural justice, by the impugned order has modified the order of the District Forum and that too by a non-speaking without any reference to the grounds of appeal of the facts of the case. 4. Respondent no.1, the complainant has fairly conceded that the impugned order is a non-speaking order. Respondent has stated that he has no objection if the impugned order is set aside and matter is remanded back to the State Commission for disposal of appeals on merit. Respondent has further requested that in order to avoid any further delay, the disposal of appeals may be time bound. 5. In view of the above, we allow the revision petitions, set aside the impugned order and remand the matter back to the State Commission with request to the State Commission to dispose of the appeal within six months from the first date of appearance of the parties in the appeal. The revision petitions are disposed off accordingly. 6. Parties are directed to appear before the State Commission on 28.03.2014.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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