Order No. 2 date: 11-04-2019

Sri Shyamal Gupta, Member

Record is put up today for passing order in respect of the admissibility of the case.

Heard the Ld. Advocate for the Complainant and perused the documents on record.

The bone of contention of this case mainly arose over reluctance of the OPs’ to bear the incidental repairing cost in respect of the damage that allegedly developed while the car remained at the service centre of the OPs.  On a reference to the photocopy of Job Order, it transpires that the OPs’ estimated the repairing cost as Rs. 1,97,479/-. Aggrieved with the fact that the OPs sought to pass the buck of their own failure upon the Complainant, the instant case is filed claiming compensation for a sum of Rs. 10,00,000/-.   

On due consideration of the gravity of the matter, it appears to us that the compensation as claimed by the Complainant is too excessive. 

It is the settled position of law that compensation claimed should be just and fair.  There are reasons to suspect that it has been done purposely, i.e., to bypass the District Forum.  We afraid, law of the land does not permit it. 

On due consideration of the facts and circumstances of the case and in view of our findings as above, we decline to admit this case.  Accordingly, the case stands dismissed being not maintainable.  No costs.  Complainant shall, however, be at liberty to approach the appropriate Court of Law for redressal of his grievance.