w w w . L a w y e r S e r v i c e s . i n

International Car & Motors Limited v/s Shyam Sunder Sen & Others

Company & Directors' Information:- A T N INTERNATIONAL LIMITED [Active] CIN = L65993WB1983PLC080793

Company & Directors' Information:- SHYAM CORPORATION PRIVATE LIMITED [Active] CIN = U17120GJ2010PTC060509

Company & Directors' Information:- T & T MOTORS PRIVATE LIMITED [Active] CIN = U34300DL1997PTC089072

Company & Directors' Information:- B. K. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999DL2006PTC157013

Company & Directors' Information:- J C INTERNATIONAL LIMITED [Active] CIN = U51109WB1999PLC089037

Company & Directors' Information:- K G N MOTORS PRIVATE LIMITED [Active] CIN = U50500PN2015PTC154117

Company & Directors' Information:- L R N MOTORS PRIVATE LIMITED [Active] CIN = U50102TZ2013PTC019990

Company & Directors' Information:- V. G. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101DL2007PTC162540

Company & Directors' Information:- K C INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060402

Company & Directors' Information:- T. C. MOTORS PRIVATE LIMITED [Active] CIN = U34103WB2009PTC140104

Company & Directors' Information:- S B S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL1997PTC085878

Company & Directors' Information:- I. S. MOTORS PRIVATE LIMITED [Active] CIN = U34103UR2008PTC032602

Company & Directors' Information:- M J INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899DL1982PTC013231

Company & Directors' Information:- S. N. MOTORS PRIVATE LIMITED [Active] CIN = U34103WB2009PTC137690

Company & Directors' Information:- M G T MOTORS PRIVATE LIMITED [Active] CIN = U93000MN1998PTC005548

Company & Directors' Information:- H AND Z INTERNATIONAL LIMITED [Active] CIN = U10102AS1995PLC004509

Company & Directors' Information:- L A MOTORS PRIVATE LIMITED [Active] CIN = U50300MH2005PTC158229

Company & Directors' Information:- D. J. INTERNATIONAL LIMITED [Strike Off] CIN = U65910MH1999PLC119298

Company & Directors' Information:- S P INTERNATIONAL PVT LTD [Strike Off] CIN = U99999UP1965PTC003091

Company & Directors' Information:- Y S MOTORS PRIVATE LIMITED [Active] CIN = U50102UP2015PTC074064

Company & Directors' Information:- D P C INTERNATIONAL PVT LTD [Active] CIN = U74210WB1984PTC037378

Company & Directors' Information:- P D K INTERNATIONAL PVT LTD [Active] CIN = U74140WB1992PTC056468

Company & Directors' Information:- A J INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1994PTC060818

Company & Directors' Information:- S S M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC089876

Company & Directors' Information:- I B INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200DL2000PTC105735

Company & Directors' Information:- H P AND B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50500DL1999PTC100851

Company & Directors' Information:- M B INTERNATIONAL PVT LTD [Strike Off] CIN = U52190DL2001PTC110572

Company & Directors' Information:- S S MOTORS PRIVATE LIMITED [Active] CIN = U74900TN2009PTC071098

Company & Directors' Information:- J S INTERNATIONAL PVT LTD [Strike Off] CIN = U51900MH1982PTC027604

Company & Directors' Information:- M U S MOTORS PRIVATE LIMITED [Strike Off] CIN = U51109UP1997PTC021762

Company & Directors' Information:- A S MOTORS PRIVATE LIMITED [Active] CIN = U50101GJ1987PTC009946

Company & Directors' Information:- INDIA MOTORS PVT LTD [Converted to LLP and Dissolved] CIN = U50101RJ1946PTC000413

Company & Directors' Information:- V T MOTORS PRIVATE LIMITED [Strike Off] CIN = U50200TG2012PTC083259

Company & Directors' Information:- E C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1982PTC013146

Company & Directors' Information:- G K SEN & CO PVT LTD [Strike Off] CIN = U63012WB1956PTC023050

Company & Directors' Information:- P J MOTORS PRIVATE LIMITED [Strike Off] CIN = U50100OR2008PTC010427

Company & Directors' Information:- A K INDIA INTERNATIONAL PRIVATE LTD [Strike Off] CIN = U45201DL1981PTC012389

Company & Directors' Information:- S. G. P. MOTORS PRIVATE LIMITED [Strike Off] CIN = U51103DL2008PTC183226

Company & Directors' Information:- Y. A. INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900RJ2012PTC040431

Company & Directors' Information:- P D MOTORS PRIVATE LIMITED [Strike Off] CIN = U34200DL2007PTC167523

Company & Directors' Information:- INTERNATIONAL CO PRIVATE LIMITED [Strike Off] CIN = U51109UR1935PTC000663

    Revision Petition No. 610 of 2020

    Decided On, 16 February 2021

    At, National Consumer Disputes Redressal Commission NCDRC


    For the Petitioner: Romila Joshi, Advocate. For the Respondents: R1, Vikas Nautiyal, Advocate for Caveator Srijan Nayak, Advocate.

Judgment Text

Taken up through video conferencing.

1. Heard learned counsel for the petitioner.

Perused the material on record.

2. The case relates to recurring problems and trouble with a new car.

3. The District Forum vide its Order dated 30.05.2011 allowed the complaint and made the following award:

That the case / application is allowed on contest against OP No. 1 & 3 with litigation cost of Rs. 5,000/- and ex parte without cost against OP No. 2.

The OP No. 1 & 3 are hereby directed either to return back the vehicle in question to the complainant in default removed and road worthy condition or to pay to the complainant the entire price paid by him for the said vehicle with interest @8% p.a. from the date of filing of this case (03.05.2011).

The complainant do get an award of Rs. 10,000/- towards compensation for his sufferings due to aforesaid deficiency in service and / or unfair trade practice of OP No. 1 & 3.

OPs 1 & 3 are hereby directed to return back the vehicle to the complainant or to pay the price of the same paid by the complainant with 8% interest p.a. from 03.05.2011 and to pay to this complainant the litigation cost of Rs.5000/- (Five thousand) and compensation of Rs.10,000/- awarded above within 30 days from the date hereof failing which the complainant shall be at liberty to realize the same as per provision of Consumer Protection Act, 1986.

4. In appeal, the State Commission, inter alia observing that “Still we find that the Ld. District Forum took a very lenient view and directed the Appellant to handover the car after removing its defects properly. Such is the ego of the Appellant that, in order to test the tenacity of the Respondent No. 1 further, it preferred this appeal. There being no merit in this Appeal, the same deserves no favourable consideration. - - - And we find, the car is languishing at the service centre for more than 8- years. In such circumstances, it hardly requires any emphasis that even if the same is repaired temporarily, the defective car could not last long and since the warranty period already got over, the Respondent No. 1 would not be entitled to warranty benefits any more”, modified the award as below:

Considering all aspects, we deem it appropriate to modify the impugned order to the effect that the Appellant and Respondent Nos. 2 and 3 shall jointly and/or severally return the price of the car in question along with simple interest @ 9% p.a. from the date of filing of the complaint case till full and final payment is made. Rest of the order shall remain unaltered.

5. This revision petition has been filed in challenge to the Order dated 14.01.2020 of the State Commission.

Though an application for condonation of delay has not been filed, in the interest of justice, to provide fair opportunity to the petitioner, to decide the matter on merit, the reported delay of 63 days in filing the petition is condoned.

6. The State Commission has passed a well-appraised and well-reasoned order. It has concurred with the findings of the District Forum. No palpable crucial error in appreciating the evidence is visible. No jurisdictional error, or miscarriage of justice, is visible. The award made by the State Commission appears just and equitable in the facts of the case. On the face of it, nothing warrants interference with the award in exercise of the revisional jurisdiction of this Commission.

7. Vide its Order dated 25.09.2020 this Commission directed the petitioner to place on record all the job cards.

Vide its Order dated 09.11.2020 this Commission recorded that the job cards in terms of the order dated 25.09.2020 had not been filed and an adjournment was being sought on the ground that the mother of the counsel who is representing the petitioner had passed away. The case was adjourned. It was directed that the job cards should positively be filed within four weeks from that day i.e. within four weeks from 09.11.2020.

8. The requisite job cards have not been filed till today i.e. till 16.02.2021.

The petitioner has failed to comply with the repeated directions of this Commission to adduce the job cards.

9. Learned counsel for the petitioner requests for a further period of four weeks to place on record the job cards.

10. Sufficient opportunity, and more, has been provided to the petitioner to place on record the job cards (the petitioner is itself responsible to adduce all the relevant material in support of its case).

Request for a further period is politely declined.

11. The complaint was filed before the District Forum in 2011 under the Act 1986, whose statement of objects and reasons says of “speedy and simple redressal to consumer disputes”. We are now in 2021.

12. In the afore facts and situation, it is felt lawful, just, equitable and conscionable to summarily dismiss this petition.

13. To ensure the ends of justice, the petitioner company through its chief executive shall comply with the award made by the State Commission within four weeks from today, failing which the District Fo

Please Login To View The Full Judgment!

rum shall undertake execution against the petitioner company through its chief executive for ‘Enforcement” and for ‘Penalty’ as per the law. 14. Learned proxy counsel is present for the respondent no. 1 / caveator. There is no need to trouble the learned counsel for the respondent no. 1 / caveator. 15. The Registry is requested to send a copy each of this Order to the chief executive of the petitioner company, to its learned counsel, to the respondents and to the learned counsel for the respondent no. 1 / caveator as well as to the District Forum.