Kerala

StateCommission

RP/14/59

T P ABHRAHAM - Complainant(s)

Versus

M/S INDUS MOTORS - Opp.Party(s)

25 Jun 2015

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION SISUVIHARLANE VAZHUTHACADU THIRUVANANTHAPURAM

REVISION PETITION NO.59/14

ORDER DATED : 25.06.2015

 

(Revision Petition filed against the order in CC.No.61/2007 on the file of CDRF, Thiruvananthapuram )

PRESENT

SRI.K.CHANDRADAS NADAR     : JUDICIAL MEMBER

SMT.A.RADHA                               : MEMBER

SMT.SANTHAMMA THOMAS      : MEMBER

REVISION PETITIONER

T.P.Abraham,

Thoppil veedu,

Chadayamangalam,

Kollam

 

(Present in person)

VS

REVISION COUNTER PETITIONERS

1. Indus Motors,

Pattom,

Thiruvananthapuram

 

2. Aneesh Kadakkal,

C/o.Indus Motors,

Pattom,

Thiruvananthapuram

 

3.Maruti Susuki India Ltd,

Nelson Mandela Road,

Vasanthakunj,

New Delhi – 110010

 

(R1 & R2 by Adv.Sri.Deepesh)

(R3 by Adv.Sri.V.Santharam &

Adv.Sri.M.S.Sankarankutty)

ORDER

SRI.K.CHANDRADAS NADAR     : JUDICIAL MEMBER

          This revision petition filed in person by the complainant / decree holder in CC.No.61/2007 in the CDRF, Thiruvananthapuram illustrates how a statutory body like Consumer Disputes Redressal commission can behave strangely for a revision petition is entertained without an order to be revised upon. The complainant approached the Consumer Forum alleging material defects in the vehicle purchased by him. He got a favourable order which was challenged by the complainant himself before this commission as Appeal No.931/2012. While disposing the appeal the observations made by this commission apparently added to the confusion. When the defect in a vehicle is ordered to be rectified, it is with reference to the state of affairs existing on a particular date and the date of complaint is the reasonable criteria for ordering curing of the defects. A complainant is not entitled to go on getting defects appearing subsequently rectified on the strength of a particular order. When the decree holder put in execution the order of the consumer forum as modified by this commission, he was not satisfied with the rectification of the defects that appeared in the vehicle. But no order was passed by the consumer forum. The prayers in this revision petition are that he should be given compensation for the huge loss and mental agony caused by the opposite parties, to direct refund of the entire price of the car and therefore to review the order of this commission. This commission has no power of review of its own orders. At any rate because the consumer forum failed to execute the order to the satisfaction of the decree holder a final order passed by this commission can not be reviewed. An order is not dependent on the decibels of sound produced by the party who chooses to appear in person.

          2.      As indicated earlier, a revision is entertained without an order to be revised upon. The matter is pending execution before the CDRF, Thiruvananthapuram and it is for the Forum to execute the order. The execution of the order cannot be done by this commission. That apart it may be observed that in the nature of the order of this commission on  appeal the question whether the opposite parties had made the vehicle road worthy or not is something to be decided by the execution court and not dependent on the satisfaction of the complainant. So from the evidence available before the execution court if it appears that the opposite parties had made the vehicle reasonably road worthy, there is no other option for the complainant but to accept the vehicle and the consumer forum in that case close the EP as fully executed. With the above direction the revision petition is dismissed.

K.CHANDRADAS NADAR   : JUDICIAL MEMBER

 

 

A.RADHA                               : MEMBER

 

 

SANTHAMMA THOMAS      : MEMBER

 

Be/

 

 

 

 

 

 

 

 

 

 

 

 

 

KERALA STATE

CONSUMER DISPUTES

 REDRESSAL COMMISSION

SISUVIHARLANE

 VAZHUTHACADU

 THIRUVANANTHAPURAM

REVISION PETITION NO.59/14

ORDER DATED : 25.06.2015

 

 

                                                                                                                                BE/