Karnataka

StateCommission

RA/38/2021

Prakash krishna Rao - Complainant(s)

Versus

Bo Shin Seo - Opp.Party(s)

21 Sep 2021

ORDER

KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BASAVA BHAVAN, BANGALORE.
 
Review Application No. RA/38/2021
( Date of Filing : 11 Aug 2021 )
In
First Appeal No. A/1981/2017
 
1. Prakash krishna Rao
S/o U Krishna Rao, Aged 70 yrs, R/at Nagi Towers, 3-B, 3rd floor, OPP Circuit House, Kadri Hills, Mangalore 575004.
...........Appellant(s)
Versus
1. Bo Shin Seo
CEO and Managing Director, Hyundai Motor India ltd, 2nd, 5th and 6th floor, Corporate One, Baani Bldg, Plot No.5, Commercial Centre, Jasola, New Delhi 110025.
2. Advaith Motors Pvt Ltd,
3-68/1, NH-17, Kuntikan, Derebail, Mangalore 575006.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Ravishankar PRESIDING MEMBER
 HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi MEMBER
 
PRESENT:
 
Dated : 21 Sep 2021
Final Order / Judgement

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE.

DATED THIS THE 21st DAY OF SEPTEMBER 2021

PRESENT

MR. RAVISHANKAR                           : JUDICIAL MEMBER

Review Application No. 38/2021

Sri Prakash Krishna Rao,

S/o Sri U. Krishna Rao,

Aged about 70 years,

Residing at Nagi Towers, 3-B,

3rd Floor, Opp. Circuit House,

Kadri Hills, Mangalore 575004.

 

…… Petitioner/s

 

V/s

1.

Mr. Bo Shin Seo,

CEO & Managing Director,

Hyundai Motor India Ltd.,

2nd, 5th & 6th Floor,

Corporate One, Baani

 Building, Plot No.5,

Commercial Centre,

Jasola, New Delhi 110 025.

 

… Respondent/s

2.

Advaith Motors Pvt. Ltd.,

3-68/1, NH-17, Kuntikan,

Derebail, Mangalore 575 006.

 

 

ORDER ON ADMISSION

BY SRI RAVISHANKAR, JUDICIAL MEMBER

1.      The Applicant/Respondent No.1 has preferred this Review Application being aggrieved by the Order dt.24.06.2021 passed in Appeal No.1981/2017 passed by this Commission.

2.      The applicant submits that the District Commission after trial had awarded Rs.3,55,000/- to be payable by the Opposite Parties towards the loss of his vehicle due to fire accident against which they preferred an appeal before this Commission and the said appeal was disposed by this Commission on 24.06.2021 by modifying the Order passed by the District Commission and reduced the award amount to the tune of Rs.1,95,000/- and directed the appellant/s to pay the said amount. 

3.      The Review Applicant preferred this application stating that there is an error on the face of the Order passed by this Commission as the District Commission has awarded Rs.3,55,000/- after deducting the payment made by them whereas without any reason, this Commission has reduced the award amount to Rs.1,95,000/-, hence, prayed to review the Order passed by this Commission.

4.      Heard the Review Applicant.

5.      On going through the Review Application, Order passed by us in Appeal Nos.1760/2017 & 1981/2017, we have appreciated the Order passed by the District Commission and come to the conclusion that the District Commission has not deduced the salvage amount of Rs.1,60,000/- out of Rs.3,55,000/- which was awarded.  Hence, after consideration of the salvage value, we have directed the Opposite Parties to pay the balance amount of Rs.1,95,000/-.  We found that there is no error on the face of the Order passed by this Commission.  If at all the Review Applicant is not satisfied with the Order, he is at liberty to approach the Apex Court by preferring an appeal and the Review Application filed u/s 50 of the Consumer Protection Act, 2019 is not maintainable as the provisions does not attract the grounds made by the applicant.  Hence, the following;

ORDER

The Review Application is dismissed. 

 

(vide separate Order)

 

                                                                                                                                                             Sd/-

                                                                                                                                              JUDICIAL MEMBER

KCS*

 
 
[HON'BLE MR. Ravishankar]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi]
MEMBER
 

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