NCDRC

NCDRC

RP/2434/2024

PROGRESSIVE AUTOMOBILES PRIVATE LIMITED - Complainant(s)

Versus

SHRI AJIT DAS - Opp.Party(s)

MR. RAJESH SEN & SHIBANI BHATTACHARJEE

01 Oct 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2434 OF 2024
(Against the Order dated 05/07/2024 in Appeal No. A/9/2024 of the State Commission Tripura)
1. PROGRESSIVE AUTOMOBILES PRIVATE LIMITED
NAGICHARA, BY-PASS ROAD, NH-44, AGARTALA, P.S. SRINAGAR, P.O. NAGICHARA, DISTRICT- WEST TRIPURA
WEST TRIPURA
TRIPURA
...........Petitioner(s)
Versus 
1. SHRI AJIT DAS
DWARIKAPUR, P.O. DWARIKAPUR, KALYANPUR, P.S. KALYANPUR
KHOWAI
TRIPURA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE SUDIP AHLUWALIA,PRESIDING MEMBER
 HON'BLE MR. ROHIT KUMAR SINGH,MEMBER

FOR THE PETITIONER :
MR. RAJESH SEN, ADVOCATE
MS. SHIBANI BHATTACHARJEE, ADVOCATE

Dated : 01 October 2024
ORDER

Heard Ld. Counsel for the Petitioner/Opposite Party.

2.       He has argued that the Respondent/Complainant had admittedly employed a driver to ply the vehicle/truck in question.  Consequently, he was using the vehicle for commercial purpose and the same was not in the course of self-employment.

3.       Ld. Counsel has also argued that the directions to pay compensation to the Complainant @ 1,000/-  per day till the date of actual repair to hand over the vehicle to the Complainant in a running condition within 15 days, from the date of Order of the District Forum, was also exorbitant.

4.       We find no merit in the above submissions.

5.       The Ld. District Forum in its Order dated 02/11/2023 had rightly referred to the decision of the Hon’ble Supreme Court in “Laxmi Engineering Works V.s PSG Industrial Institute 1995 Vol.II CPJ  I (SC)”, in which it had been held that a buyer taking the assistance of one or two persons to assist him in operating the vehicle or machinery purchased, does not cease to be ‘Consumer’.  It was the specific case of the Respondent/Complainant that the vehicle was purchased by him for his own livelihood.

6.       Further, as he was unable to earn his livelihood due to vehicle not being pliable, so he certainly deserved compensation for the period when he was unable to do so.

7.       We therefore find no grounds in the concurrent decisions of both the Ld. Fora below.

8.       Dismissed.  

 
......................................J
SUDIP AHLUWALIA
PRESIDING MEMBER
 
 
...........................................
ROHIT KUMAR SINGH
MEMBER

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