NCDRC

NCDRC

RP/636/2018

TOYOTA KIRLOSKAR MOTOR PVT. LTD. - Complainant(s)

Versus

TABASSUM & ANR. - Opp.Party(s)

M/S SINGHANIA & ASSOCIATES

28 Feb 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 636 OF 2018
 
(Against the Order dated 11/01/2018 in Appeal No. 935/2017 of the State Commission Chhattisgarh)
1. TOYOTA KIRLOSKAR MOTOR PVT. LTD.
THROUGH MR. S.RENGARAJAN GM-LEGAL & CS, PLOT NO. 1, BIDADI INDUSTRIAL AREA,
DISTRICT-RAMANAGARA
KARNATAKA
...........Petitioner(s)
Versus 
1. TABASSUM & ANR.
W/O. MR. AHSANUL HAQUE, QUARTER NO. 21, STREET NO. 26, ZONE I, SECTOR 11, PS. & POST OFFICE KHURSIPUR, BHILAI,
DISTRICT-DURG
CHHATTISGARH
2. M/S. VICON TOYOTA
THROUGH ITS DIRECTOR, SURYA TREASURE ISLAND MALL SECOND FLOOR, BHILAI,
DISTRICT-DURG
CHATTISGARH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

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

Dated : 28 Feb 2018
ORDER

Learned Counsel appearing for the Petitioner submits that as per his instructions, the Petitioner Company is willing to pay to Respondent No.1/Complainant the amount awarded in her favour by the District Forum, provided any kind of allegation of deficiency in service and unfair trade practice on its part is expunged, more so, when the Petitioner was not responsible for refund of the amount deposited by the Complainant with the Dealer as the booking advance.

In view of the submission, the Revision Petition is dismissed as not pressed, with the observation that since the obligation to refund the booking amount was upon the Dealer, it could not be held that there was deficiency on the part of the Petitioner/Manufacturer in rendering service to the Complainant or that it had indulged in unfair trade practice.  It is also clarified that if the Petitioner chooses to account for the amount, so refunded to the Complainant, with the Dealer, while settling their account, the dismissal of this Petition would not be any impediment.  The amount awarded in favour of the Complainant shall be remitted by the Petitioner within two weeks from today, by means of a demand draft drawn in her favour.

The Revision Petition stands disposed of in the above terms. 

Order dasti.     

 
......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER

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