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Avagadda Viveka Chaltanya Gowri v/s M/s. B.K. R Automobiles & Another


Company & Directors' Information:- N E C C AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1991PTC043600

Company & Directors' Information:- C M AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300CH2005PTC028233

Company & Directors' Information:- J P M AUTOMOBILES LIMITED [Active] CIN = U74899DL1995PLC068910

Company & Directors' Information:- K N AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50404OR2013PTC016730

Company & Directors' Information:- J AND K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50401JK2004PTC002447

Company & Directors' Information:- K. S. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300RJ2009PTC028204

Company & Directors' Information:- K N R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300WB2006PTC111199

Company & Directors' Information:- K P AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50404JH2012PTC000824

Company & Directors' Information:- Y J AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50401MP2013PTC031920

Company & Directors' Information:- N S AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50102MH2012PTC226814

Company & Directors' Information:- S K S AUTOMOBILES INDIA PRIVATE LIMITED [Strike Off] CIN = U50100TZ2009PTC014979

Company & Directors' Information:- J D AUTOMOBILES PVT. LTD. [Strike Off] CIN = U34300WB1987PTC042066

Company & Directors' Information:- B K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50200AP2009PTC064484

Company & Directors' Information:- N. K. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50102GJ2006PTC049307

Company & Directors' Information:- G M S AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50101DL1997PTC089284

Company & Directors' Information:- N U AUTOMOBILES PVT LTD [Active] CIN = U74899DL1982PTC013126

Company & Directors' Information:- D K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U29246CH1989PTC009607

Company & Directors' Information:- K Y AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400JK2021PTC012549

Company & Directors' Information:- A K AUTOMOBILES LIMITED [Amalgamated] CIN = U34100WB1984PLC038001

Company & Directors' Information:- A AND S AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U51103DL1997PTC085147

Company & Directors' Information:- M. H. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50200HP2015PTC000946

Company & Directors' Information:- R. K. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071719

Company & Directors' Information:- R. J. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50100BR2020PTC047409

Company & Directors' Information:- M R AUTOMOBILES (INDIA) PRIVATE LIMITED [Active] CIN = U34300DL1998PTC094488

Company & Directors' Information:- V. M. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U35911UP1995PTC018136

Company & Directors' Information:- P D AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400RJ2021PTC074633

Company & Directors' Information:- A R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50404PY2011PTC002555

Company & Directors' Information:- K P V AUTOMOBILES PVT LTD [Active] CIN = U50300KL1991PTC006035

Company & Directors' Information:- J B S AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34101OR2005PTC008397

Company & Directors' Information:- S. N. S. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50500WB2018PTC224868

Company & Directors' Information:- M P AUTOMOBILES PVT LTD [Strike Off] CIN = U50404MP1957PTC000842

Company & Directors' Information:- G. E. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400DL2018PTC341171

Company & Directors' Information:- P K AUTOMOBILES PVT LTD [Strike Off] CIN = U50300UP1979PTC004841

Company & Directors' Information:- P L AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300RJ2014PTC046516

Company & Directors' Information:- S G K R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U60210TN1960PTC004283

Company & Directors' Information:- N R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50400MH2014PTC255882

Company & Directors' Information:- S. N. J. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400MH2017PTC299238

Company & Directors' Information:- M R K AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50102UP2011PTC045868

Company & Directors' Information:- I B AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U29253DL2008PTC172205

Company & Directors' Information:- T K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC017940

Company & Directors' Information:- V R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U34200DL2007PTC170076

Company & Directors' Information:- K T AUTOMOBILES PVT LTD [Strike Off] CIN = U99999UP1959PTC002730

Company & Directors' Information:- M B AUTOMOBILES PVT LTD [Strike Off] CIN = U35923WB1966PTC026743

Company & Directors' Information:- B M AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50200DL2007PTC162611

Company & Directors' Information:- H A AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34102DL2007PTC163030

Company & Directors' Information:- P A AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34101DL2007PTC161483

Company & Directors' Information:- K G AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34200DL2007PTC162859

Company & Directors' Information:- P R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34201DL2007PTC161053

Company & Directors' Information:- AUTOMOBILES PVT. LTD. [Strike Off] CIN = U99999DL2000PTC000916

    Revision Petition No. 3022 of 2013

    Decided On, 01 October 2015

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE K.S. CHAUDHARI
    By, PRESIDING MEMBER

    For the Petitioner: Radha Rao, Advocate. For the Respondents: R1, Nemo/ Ex-parte, R2, Rajesh Mootha, Advocate.



Judgment Text

This revision petition has been filed by the petitioner against the order dated 25.04.2013 passed by the learned A.P. State Consumer Disputes Redressal Commission, Hyderabad (in short, ‘the State Commission’) in Appeal No. 840/2012 – M/s. Mahindra Two Wheelers Ltd. Vs. Smt. Avagadda Viveka Chaitanya Gowri & anr. by which, while allowing appeal partly, order of District forum allowing complaint was modified.

2. Brief facts of the case are that complainant/petitioner purchased two wheeler from OP No. 1/Respondent No. 1 on 26.11.2010 for a sum of Rs. 53,700/- which was manufactured by OP No. 2/Respondent No.2. Even before delivery, vehicle was having trouble in starting and thereafter from time to time complainant was facing trouble in the vehicle and OP inspite of warranty failed to rectify defects. Alleging deficiency on the part of OPs, complainant filed complaint before District Forum. OP No. 1 was proceeded ex-parte. OP No. 2 resisted complaint and submitted that complainant did not avail services as per terms of warranty. OP undertakes to replace or repair free of charge within period of 24-months from date of sale or running of 20,000 kms. whichever is earlier, but warranty becomes void if the purchaser fails to observe instructions and vehicle is not maintainable as per schedule given in the manual. It was further submitted that replacement of vehicle was not warranted and only defective parts could be replaced and denying any deficiency on his part prayed for dismissal of complaint. Learned District Forum after hearing parties, allowed complaint and directed OPs jointly and severally to deliver new vehicle of the same model or to refund Rs.50,964/- and further directed to pay compensation of Rs.15,000/- and cost of Rs.5,000/-. OP No. 2 filed appeal and learned State Commission vide impugned order allowed appeal partly and modified order of District Forum and directed OP to check scooter and pay amount of Rs.5,000/- as compensation against which, complainant has filed this revision petition along with application for condonation of delay.

3. None appeared for Respondent No.1 and he was proceeded ex-parte.

4. Heard learned Counsel for the parties and perused record.

5. As there is delay of only 8 days in filing revision petition, delay stands condoned for the reasons mentioned in the application.

6. Learned Counsel for the petitioner submitted that even without appeal by OP No.1, learned State Commission committed error in modifying order qua OP No.1 and further submitted that inspite of proof of manufacturing defect, learned State Commission committed error in modifying order of District Forum; hence, revision petition be allowed and impugned order be set aside. On the other hand, learned Counsel for the Respondent No. 2 submitted that order passed by learned State Commission is in accordance with law; hence, revision petition be dismissed.

7. Perusal of record reveals that complainant failed to prove any manufacturing defect in the vehicle and learned State Commission after elaborate discussion rightly observed that there was no manufacturing defect in the vehicle, order of District Forum allowing replacement of vehicle was not proper. In such circumstances, replacement of vehicle by OP No. 2 does not arise and I do not find any illegality, irregularity or jurisdictional error in the impugned order to the extent of liability of OP No. 2.

8. Perusal of record reveals that OP No. 1 was proceeded ex-parte by District Forum and OP No. 1 did not prefer any appeal against order of District Forum; in such circumstances, learned State Commission in appeal filed by OP No. 2 committed error in modifying impugned order qua OP No.1 also. Order qua OP No. 1 could have been modified only when appeal had been filed by OP No.1 and in the absence of appeal by OP No. 1, learned State Commission committed error in modifying order of District Forum qua OP No. 1 and to this extent, impugned order is liable to set aside. OP No. 2 has not preferred any revision petition against impugned order and thus, impugned order has attained finality against OP No.2.

9. Consequently, revi

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sion petition is partly allowed and order dated 25.04.2013 passed by the learned State Commission in Appeal No. 840/2012 – M/s. Mahindra Two Wheelers Ltd.Vs. Smt. Avagadda Viveka Chaitanya Gowri & anr. is modified and impugned order passed in favour of OPs is modified and instead of OPs, only appellant/OP No. 2 is substituted and directed to check the scooter of the complainant and pay amount of Rs.5,000/- towards compensation. Parties to bear their costs.
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