FIAT INDIA PRIVATE LIMITED Vs. MANJIT KAUR

JUDGEMENT

(1.) THIS revision petition has been filed by M/s. Fiat India Private Limited, Lal Bahadur Shastri Marg, Kurla, Mumbai against the order dated 30.9.2003 of the District Consumer Disputes Redressal Forum -I, U.T., Chandigarh [for short hereinafter referred to as the District Forum] passed in Execution Application No. 898 of 2002 directing the revisionist to make the payment of the booking sum of Uno car. A sum of Rs. 21,000/ - were deposited as booking amount. The O.Ps. comprising of M/s. Premier Automobiles Ltd., Lal Bahadur Shastri Marg, Kurla, Mumbai and Sales Deptt. (UNO) of M/s. Premier Automobiles Ltd., Mumbai failed to refund the booking amount along with interest.

(2.) THE main grievance of the revisionist is that there was no direction issued to it under the judgment and order, which has been put under execution against the revisionist M/s. Fiat India Pvt. Ltd. yet in the execution case, the revisionist has been impleaded as a co -judgment debtor and now a direction has been issued by the Executing Court to the revisionist to pay to the decree holder the booking amount along with interest, which is contrary to law and is even contrary to the agreement entered into between M/s. Premier Automobiles Ltd. and M/s. Fiat India Pvt. Ltd. The learned Counsel for the revisionist submitted that the impugned order being contrary to law is liable to be set aside and no proceedings under Section 27 of the Consumer Protection Act, 1986 by way of execution can proceed against the revisionist.

(3.) THE learned Counsel for the respondent/decree holder, on the other hand, contended that by virtue of the date of agreement entered into 30.3.1998, a photocopy of which has been placed on record of the revision petition, the financial liability of the assignor namely M/s. Premier Automobiles Ltd. stood transferred and assigned to the assignee Ind Auto Limited. This agreement contains in the opening para as under: