13/03/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This Revisional Application is directed against the order dated 05/03/14 passed by Learned District Forum, Kolkata, Unit-I in CC 488 of 2012 rejecting the petition filed by the OP Nos.1 and 2.

            The Learned Counsel for the Revision Petitioner has submitted that the OP Nos.1 and 2 of the complaint filed a petition before the Learned District Forum praying for examination of the car by an expert in the context of the allegation raised by the Complainant as to the less mileage (kmpl) of the car.  It is submitted that the dealer works in independent capacity and he cannot be treated as an expert.  It is contended that it is not a case of manufacturing defect and for various reasons the mileage (kmpl) may be less.

            The Learned Counsel for the Respondent has submitted that as per the advertisement made by the OP the mileage was expected to be 25 kmpl, but as a matter of fact it was much less.  It is contended that the Complainant purchased the Nano car from OP No.1 Tata Motors and it was tested at the workshop of OP Nos.1 and 2.  It is submitted that it is not a case of manufacturing defect.

            We have heard the submission made by both sides and perused the papers on record.  It appears from the e-mail correspondence between the parties that the OP asked the Complainant to contact the Customer Support Manager, Tata Motors and thereafter on different dates the tests were done and the mileage was found 16.30 kmpl/10.33 kmpl/10.50 kmpl. Having regard to the pleadings of the parties and on perusal of the papers on record, we are of the considered view that the Learned District Forum did not commit any illegality or material irregularity in passing the impugned order. 

            The Revisional Application is dismissed.  The impugned order is affirmed.