Maharashtra

StateCommission

RP/11/130

VASANTI D SURYAWANSHI - Complainant(s)

Versus

TATA MOTORS PVT LTD - Opp.Party(s)

ARUN SONATAKKE

09 Apr 2012

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Revision Petition No. RP/11/130
(Arisen out of Order Dated 16/11/2011 in Case No. 262/2009 of District Solapur)
 
1. VASANTI D SURYAWANSHI
R/O D C C BANK COLONY BLOCK NO 44 BEHIND INDIRA NAGAR BIJAPUR ROAD SOLAPUR
SOLAPUR
MAHARASHTRA
...........Appellant(s)
Versus
1. TATA MOTORS PVT LTD
MUMBAI OFFICE GEET ANIL BUILDING 13/90 NAGIDAS MASTER ROAD HUTATMA CHOWK FORT MUMBAI 400001
MUMBAI
MAHARASHTRA
2. TATA MOTORS PVT LTD CO
PUNE REGIONAL PFFICE CITY MALL NEAR PUNE UNIVERSITY GANESH KHIND ROAD PUNE 411007
PUNE
MAHARASHTRA
3. HUNDEKARI MOTORS PVT LTD
AHMEDNAGAR AHMEDNAGAR MANMAD ROAD SAVEDI AHMEDNAGAR 414 003
AHMEDNAGAR
GUJRAT
4. HUNDEKARI MOTORS PVT LTD SOLAPUR THROUGH ITS MANAGER
164-D NEAR KALJAPUR MARUTI SOLAPUR 413 001
SOLAPUR
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:ARUN SONATAKKE , Advocate for the Petitioner 1
 
Mr.Ashutosh Marathe-Advocate for respondent nos.1(A) & 1(B)
......for the Respondent
ORDER

Per Hon’ble Mr.Dhanraj Khamatkar, Member

          Heard Mr.Arun Sontakke-Advocate for the revision petitioner.  Mr.Ashutosh Marathe-Advocate undertakes to file vakalatnama on behalf of respondent nos.1(A) & 1(B) during the course of the day.  Notices have been sent to respondent nos.2(A) & 2(B) on 16/03/2012.  It has not come back with any postal endorsement.

          This revision petition takes an exception to an order dated 16/11/2011 passed by the District Consumer Disputes Redressal Forum, Solapur in consumer complaint no.262/2009. Facts leading to this revision can be summarized as under:-

          Revision petitioner had filed consumer complaint alleging manufacturing defect of the vehicle.  District Consumer Disputes Redressal Forum had directed revision petitioner and the opponents to send the vehicle to Automotive Research of India (ARAI) for the inspection and both the parties were to borne the expenses equally.  Said order was challenged by the revision petitioner in the State Commission and State Commission had dismissed the revision directing the District Consumer Disputes Redressal Forum to consider the application of the complainant on merits. 

          District Consumer Disputes Redressal Forum has considered the application filed by the revision petitioner and confirmed its earlier order. Aggrieved by the said order, original complainant has filed this revision petition.

          We heard Ld.counsels for the parties.  Revision petitioner is alleging that there is manufacturing defect in the vehicle.  It is the responsibility of the revision petitioner to prove his case u/sec.13(1)(c) and ARAI is proper technical authority for giving opinion on the subject.  We do not find any merit in the revision filed by the revision petitioner.  Hence we pass the following order:-

                             ORDER

Revision petition is dismissed.

Copies of the order be furnished to the parties.

 

 

Pronounced on 9th April, 2012.

 

 

 
 
[Hon'ble Mr. P.N. Kashalkar]
PRESIDING MEMBER
 
[Hon'ble Mr. Dhanraj Khamatkar]
Member

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