NCDRC

NCDRC

RP/3846/2013

KISHAN LAL - Complainant(s)

Versus

TATA MOTORS & ANR. - Opp.Party(s)

MS. SUBHASHINI ARANI

10 Jan 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3846 OF 2013
 
(Against the Order dated 24/07/2013 in Appeal No. 190/2012 of the State Commission Rajasthan)
1. KISHAN LAL
S/O KASHI RAM,. R/O 12 K.S.D. RASUWALA, TEHSIL SANGRIA,
DISTRICT : HANUMANGARH
RAJASTHAN
...........Petitioner(s)
Versus 
1. TATA MOTORS & ANR.
REGISTERED OFFICE BOMBAY HOUSE, 24 HIMI MODY STREET
MUMBAI - 400 001
MAHARASTRA
2. M/S UNION MOTORS,
-
HANUMANGARH
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Ms. Subhashini Arani, Advocate
For the Respondent :TATA MOTORS & ANR.
M/S UNION MOTORS,

Dated : 10 Jan 2014
ORDER

JUSTICE J. M. MALIK, PRESIDING MEMBER(ORAL)

 

1.      Learned counsel for the petitioner heard.

 2.      Shri Kishan Lal, the complainant in this case purchased a Tata Diesel Vehicle on 17.4.1997 for a sum of Rs. 3,97,557/-.  He was given warranty for its chasis for three lakhs kilometers.  The chasis of the vehicle got broken down on 5.8.1999 after the vehicle had covered distance of 1,91,137/- kilometers.  The chasis was not replaced.

3.      A complaint was filed before the District Forum.  The District Forum allowed the complaint and passed the following order:

“(1) The non-applicants are hereby ordered to replace the disputed chasis of the complainant with a new one and if the chasis of the same model as that of the complainant is not being manufactured now, then pay an amount of Rs.3,97,557/- towards the cost of the chasis.  The complainant is entitled to receive simple interest at the rate of 9% per annum on this amount from the non-applicants from the date of filing this complaint i.e. 07.01.2000 till the date of actual payment.  The non-applicants shall be entitled to recover the old disputed chasis from the complainant at the time of providing new chasis to the complainant.

 

 

(2) The non-applicants are further ordered to pay an amount of Rs.95,000/- to the complainant towards the compensation.

(3) The non-applicants are further ordered to pay an amount of Rs.2,000/- to the complainant towards the cost of litigation.”

         

4.      Aggrieved by that order, an appeal was filed before the State Commission.  The State Commission modified the order of the District Forum and ordered that:

“Hence, the appeal preferred by the appellant is hereby admitted partially and the order passed by the District Forum, Sri Ganganagar on dated 23.08.2012 is amended to the extent that the appellant shall replace the chasis of the vehicle with a new one and if the chasis of the same model is no more available now, then the appellant shall pay the current value of the chasis.  Judgment to the extent of amount of Rs.20,000/- towards the compensation and Rs.5,000/- towards the cost of litigation shall be the same.”

 

5.      We have heard the learned counsel for the petitioner.  She submits that new chasis has not been given and its price has also not been given.  She further submits that price of new chasis is Rs.9,30,000/-.  We see no ambiguity in the order of the State Commission.  It appears to be correct.  However, the District Forum is directed to execute this order fully.  It is for him to find out whether the price of chasis is Rs.9,30,000/- or less.  He will compel the judgment debtor to pay the said amount.  The order be executed as per the directions given by the State Commission.

          The revision petition is dismissed.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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