Case nº Revision Petition No. 3280 of 2013 and IA/2428/2014 of National Consumer Disputes Redressal Commission, March 09, 2015 (case Binod Kumar Pandey Vs Tata Motors Limited and Ors.)
| Judge | For Appellant: Rajeev Kumar Mishra, Advocate |
| President | J.M. Malik, J. (Presiding Member) and Dr. S.M. Kantikar, Member |
| Resolution Date | March 09, 2015 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
J.M. Malik, J. (Presiding Member)
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Sh. Binod Kumar Pandey, the complainant, purchased a Tata 207 DI Vehicle under Loan-cum-Hypothecation Agreement, executed on 21.3.2004. The total price of the vehicle was Rs. 3,65,970. The complainant paid a sum of Rs. 1,17,786 and the rest of the amount was taken as loan from Tata Motors Ltd., OP. The said amount was to be repaid in monthly installments @ Rs. 10,300. Till the filing of the complaint, the complainant had paid installments amounting to Rs. 1,74,694. The complaint was filed on two counts. Firstly, various problems in the car cropped up, from time-to-time. The petitioner/complainant got repaired the same under the warranty period. Despite warranty period, the OP used to charge various amounts, total being Rs. 23,000 for repairing and complainant had to spend Rs. 20,000 for travel, etc. This is an admitted case that the OP replaced the cracked chassis with a new one and also changed the liner pistol pump and different crown. This is also an indisputable fact that the complainant had to visit the service station for about 8 times, between 7.9.2004 to 8.11.2006.
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The second count on which this complaint was filed is that due to persistent defects, the complainant could not make the payment and the vehicle was repossessed by the Financier, on 22.4.2006. The complainant had used the vehicle for a period of 2 years 5 months.
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Under these circumstances, the complainant had filed the present complaint with the following reliefs:
(a) Respondent be directed to replace the defective vehicle sold to the complainant with errorless vehicle within a fixed period or the amount deposited by the complainant and the cost paid for the repair of the vehicle and the travel expenses for this purpose in time-to-time amounting to Rs. 43,000 along with interest @ 18% per annum from the date of purchase of vehicle be directed to be paid, within a limit period.
(b) Respondent be also directed to pay a sum of Rs. 40,000 for the commercial compensation as mentioned in above para 16 of the complaint along with interest.
(c) Respondent be also directed to pay a sum of Rs. 20,000 as compensation for physical and mental pain and agony.
(d) Litigation cost of Rs. 10,000 be also awarded from the respondents.
(e) Any other relief which this Hon'ble Forum may deem fit and proper may also be awarded from the respondent.
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The OP contested this case. The District Forum vide its order dated 20.2.2008, gave the...
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