NCDRC

NCDRC

RP/2331/2011

M/S. HONDA SIEL CARS INDIA LTD. - Complainant(s)

Versus

RAJ KUMAR DHIMAN & ANR. - Opp.Party(s)

M/S. KOCHHAR & CO.

15 Jul 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2331 OF 2011
 
(Against the Order dated 31/05/2011 in Appeal No. 149/2011 of the State Commission Himachal Pradesh)
1. M/S. HONDA SIEL CARS INDIA LTD.
Through its Manging Director, plot No.A-1Sector-40/41 Suraj Pur-Kasna Road, Greater Noida Indrustrial Development Area- 201306
Gautam Budh Nagar
UP
...........Petitioner(s)
Versus 
1. RAJ KUMAR DHIMAN & ANR.
Son of Gian Chand Dhiman, R/o V& P.P Shahpur
Kangra
HP
2. M/s Tehran Automotive Pvt Ltd
through Its Manging Director, Bye Pass Road, Sidhara
Jammu- 180017
J&k
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V. B. GUPTA, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr. Dhruv Wahi, Advocate with
Ms. Reeta Mishra, Advocate &
Mr. Rajeev Nanda, Advocate
For the Respondent :NEMO

Dated : 15 Jul 2011
ORDER

Heard.

 Respondent No.1 filed a complaint before District Forum, under section 12 of the Consumer Protection Act, 1986.

District Forum, vide its order dated 4.4.2011 partly allowed the complaint.  Operative part of the District Forum’s order read as under ;

“10.    Accordingly, the complaint is partly allowed.  The opposite parties no.1 and 2, jointly and severally are directed to supply the car in question (i.e. Honda Civic Hybrid 1.3 Car) on the quoted price of Rs.13,42,800/- to the complainant, and in case they are unable to supply the said car to the complainant, then they will pay the amount of Rs.8.50 lacs to the complainant, along with interest @ 10% p.a., from the date of complaint, till its actual payment.  The cheque amount of Rs.1 lac, if encashed by the complainant, be adjusted in the sale amount/quoted amount of the car in question.  The opposite parties are also held liable jointly and severally to pay the compensation to the complainant to the tune of Rs.50,000/- for causing him mental pain, inconvenience and agony, along with litigation charges to the tune of Rs.5,000/-.  The opposite parties jointly and severally are directed to comply with the order of this Forum, within 30 days from the date of receipt of copy of this order, which be sent to the parties, free of costs, by post and the file after its due completion be consigned to the record room.”

 

          Aggrieved by the order of the District Forum, petitioner filed an appeal before the State Commission along with stay application.

          State Commission vide impugned order dated 31.5.2011, admitted the appeal and issued notice of the appeal and further directed the stay of order dated, 4.4.2011 passed by the District Forum, subject to deposit of the  balance awarded amount along with interest and cost, if any, on or before 21.7.2011. 

We have perused the order in question as well as order passed by the District Forum.

          It is ordered that petitioner shall deposit the amount, as directed by State Commission, vide impugned order, within four weeks from today.  On deposit of the same, District Forum shall invest the same in Fixed Deposit in a nationalized Bank, initially for a period of one year.

It would be open to the respondent no.1, to withdraw a sum of 50% of the deposited amount, on furnishing of adequate security to the satisfaction of the concerned District Forum.

However, this order shall be subject to the decision of the State  Commission in the appeal pending before it.

With these observations, revision petition stands disposed of.

Copy of this order be sent to the State Commission.

Dasti.

 

 
......................J
V. B. GUPTA
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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