STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                    COMPLAINT NO. 212 OF 2015

1. M/s. Chaudhari Automobiles

     Through Mohd. Idrees Khan

2. Idrees Khan

Proprietor of M/s. Chaudhari Automobiles

Both R/o Khajuria Road

Naugarh, District Siddharth Nagar

Now presently at address

Village Belwa, Post Khairakhas

Tehsil Itwa, District Siddharth Nagar

                                                                                     ...Complainants

                                                           Vs.

1. Territory Manager

Mahindra & Mahindra Limited

It’s office at Farm Equipment Sector

First Floor Mahindra Tower

Gopal Tirth Plaza, Faizabad Road

Lucknow

2. Competent Authority

Mahindra & Mahindra Limited

Principal office at gate no.4 PTU

Building, Akrauli Road Kandewali(E)

Mumbai-400101

                                                                                     ...Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT

For the Complainant        :    None appeared.

For the Opposite Party     :    None appeared.

Dated :  23-08-2017

                                                  JUDGMENT

          MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT(ORAL)

None appeared for the parties. On 16-05-2017 also none appeared for the parties

Following prayers have been made by complainants in complaint.

“Therefore, it is hereby prayed that this Hon’ble Commission may be pleased to order against the opposite party no.1 to make payment to the claimant:-

1. Total amount of Rs.99,48,764/- as stated in para-8 of the claim petition to the claimant;

:2:

2. Of interest amount of Rs.16% per annum from 15-12-2011 till date of realization;
3. Amount of compensation of mental torture alongwith further interest during the pendency of claim petition alongwith cost of Rs.20,000/- in favour of claimant.

In view of prayers made in complaint as well as principle laid down by Hon’ble National Commission in the case of Ambrish Kumar Shukla and others V/s Ferrous Infrastructure Private Limited and reported in 2016(4) CPR 83(NC), the valuation of this complaint goes above one crore. As such, this complaint is beyond pecuniary jurisdiction of this State Commission.

In view of above the complaint is dismissed with liberty to the complainants to file complaint before Hon’ble National Commission in accordance with law.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT

          Pnt.