NCDRC

NCDRC

RP/4252/2010

SRI SONAM TSHERING LAMA - Complainant(s)

Versus

TATA MOTORS LTD. & ORS. - Opp.Party(s)

IN PERSON

11 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4252 OF 2010
 
(Against the Order dated 06/09/2010 in Appeal No. 28/2010 of the State Commission West Bengal)
1. SRI SONAM TSHERING LAMA
Resident of Majhi Dhura, P.O., Sukhia Pokhari
Darjeeling
West Bengal
...........Petitioner(s)
Versus 
1. TATA MOTORS LTD. & ORS.
4th Floor, Kunchanjunga Building, 18, Barakhamba Road
New Delhi - 110001
Delhi
2. THE TATA ENGINEER & LOCOMOTIVE COMPANY LTD.
Centre (27th Floor) World Trade Centre, Cufe Parade
Mumbai - 400005
Maharashtra
3. THE TATA ENGINEERING & LOCOMOTIVE COMPANY LTD.
Zonal Service Office, Malhotra Towers, 3rd Floor, Hill Cart Road
Siliguri
4. THE REGIONAL MANAGER (EASTERN REGION)
Telco Regional Office, Appejay House, 5th Floor, Block-A, Park Street
Kolkata - 700016
West Bengal
5. LEXICON AUTO LIMITED
NH-31, Matigara, P.O. Matigara
Darjeeling
6. REGIONAL TRANSPORT AUTHORITY DARJEELING
P.O., P.S. and Distt. Darjeeling
Darjeeling
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :IN PERSON
For the Respondent :NEMO

Dated : 11 May 2012
ORDER

Complainant/petitioner purchased a vehicle after taking loan to run as a taxi.  Alleging that the vehicle supplied to him was defective and had manufacturing defects, petitioner filed complaint before the District Forum.  District Forum dismissed the complaint holding that the petitioner was not a consumer.  Petitioner, being aggrieved, filed the appeal before the State Commission, which has also been dismissed.  Still not satisfied, petitioner filed revision petition before this Commission, which was also dismissed.

        After a long gap, respondent issued a notice to the petitioner to pay the arrears of Rs.42,211/-.  On receipt of the Notice, petitioner filed a second complaint claiming the sum of Rs.3,28,485/- along with compensation and costs, etc.  was not maintainable.  However, for the belated notice sent by the respondent for recovery of Rs.42,211/-, State Commission has awarded compensation of Rs.2,000/- and costs of Rs.2,000/-.

        We agree with the view taken by the State Commission that the second complaint filed by the petitioner was not maintainable.  Issuance of the belated notice by the respondent for recovery of Rs.42,211/- did not give a fresh cause of action to the petitioner to file the second complaint on the same cause of action.

        No interference is called for.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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