Maharashtra

StateCommission

RP/11/2

SMT VASANTI D SURYAWANSHI - Complainant(s)

Versus

TATA MOTORS PVT LTD CO. - Opp.Party(s)

A N SONTAKKE

03 Feb 2011

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Revision Petition No. RP/11/2
(Arisen out of Order Dated 18/01/2011 in Case No. 262/09 of District Solapur)
 
1. SMT VASANTI D SURYAWANSHI
R/O DCC BANK COLONY BLOCK NO 44 BEHIND INDIRA NAGAR VIJAPUR ROAD SOLAPUR
SOLAPUR
MAHARASHTRA
...........Appellant(s)
Versus
1. TATA MOTORS PVT LTD CO.
13/90 NAGIDAS MASTER ROAD HUTATMA CHOWK FORT MUMBAI
MUMBAI
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr.Justice S.B.Mhase PRESIDENT
 Hon'ble Mr. S.R. Khanzode Judicial Member
 
PRESENT:A N SONTAKKE , Advocate for the Petitioner 1
 
ORDER

Per Justice Shri S.B.Mhase, Hon'ble President: 

Heard Adv.Mr.Arun Sontakke for the petitioiner.

 

          This revision is directed as against the order dated 18/01/2011 passed in consumer complaint no.262/2009 by District Consumer Disputes Redressal Forum, Solapur.  By this order District Consumer Disputes Redressal Forum after remand of the case from the State Commission has directed that the vehicle in question be sent to the Autmotive Research Association of India (ARAI), Pune for verification.  In order to send said vehicle the respondent had made an application and said application was allowed.  Both the parties were directed to bear their expenses.  In fact, this order has been passed by the District Consumer Disputes Redressal Forum in view of the provisions of Section13(1) (c) of Consumer Protection Act, 1986 and discharged its statutory obligation.  Therefore, there is no wrong in the order.  Hence, we refused to interfere in said order.

          Ld.Counsel for the petitioner submitted that in stead of sending the vehicle to ARAI, it should be sent to some other Government Agency.  However, this prayer should be made to the District Consumer Disputes Redressal Forum.  If such application made to the District Consumer Disputes Redressal Forum, it shall consider said application on its own merit.  We further make it clear that we have not considered said prayer on merit.  It is for the District Consumer Disputes Redressal Forum to consider such prayer on its own merit, if made, after hearing both the sides.  Hence, we pass the following order:-

                                                :-ORDER-:

1.                 Revision petition stands rejected.

2.                 Parties to bear their own costs.

3.                 Dictated on dais. 

4.                 Copies of the order herein be furnished to the parties as per rule.

 

 
 
[Hon'ble Mr.Justice S.B.Mhase]
PRESIDENT
 
[Hon'ble Mr. S.R. Khanzode]
Judicial Member

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