HINDUSTAN MOTORS LIMITED Vs. LALITA TEWARI

JUDGEMENT

(1.) This revision petition concerns purchase of a vehicle on 19.2.1999 by one Shri Kedarnath Tewari/Complainant (since deceased). It was a R.T.V. Vehicle manufactured by M/s Hindustan Motors/OP-1, purchased from their authorized dealers Abhishek Motors, Rewa, MP/OP-3. The case of the Complainant was that the vehicle suffered from manufacturing defects due to which it met with an accident on 17.3.1999. It was repaired by the dealer but, the Complainant allegedly refuse to take delivery of the vehicle. In a consumer complaint filed before District Forum, Rewa on 18.1.2000, the Complainant prayed for refund of Rs.3.5 lakhs with 18% interest or in the alternative, replacement of the exiting vehicle with a new one. The complaint was allowed and the District Forum directed the OPs to refund Rs.3.33 lakhs with 8% interest, together with Rs.25,000/- compensation and Rs 2500 costs.

(2.) The manufacturer/Hindustan Motors Limited/OP-1 & 2 and the dealer Ahishek Motors/OP-3 both went in appeal before the MP State Consumer Disputes Redresal Commission. State Commission took note of the fact that the Distict Forum had got the vehicle inspected by a qualified engineer, who had pointed out that there were several defects in the vehicle. The State Commission, therefore, confirmed the finding of the District Forum that the vehicle suffered from manufacturing defects and that the Complainant was entitled to refund of the price of the vehicle. The State Commission also observed that the seller of the vehicle OP-3 was also constructively liable along with the manufacturer.

(3.) M/s Hindustan Motors Limited has filed the revision petition before this Commission against the order of the State Commission. We have perused the record of the case and heard the revision petition at Bhopal on 9.2.2012. Proceedings before the fora below were prosecuted by Smt. Lalita Tiwari (wife) and Shri Rajesh Tiwari (son) as legal heirs of the original complainant Shri Kedarnath Tiwari (since deceased). During the course of hearing Mr. Mohan Chouksey, learned counsel for the respondent/Complainant pointed out that during the pendency of the revision petition, Complainant No.1 Smt. Lalita Tiwari had also died on 6.12.2011. He therefore, made an application for deletion of her name from the list of the respondents and to implead Sri Rajesh Tiwari, as respondent/Complainant. It was permitted, as there was no objection from Shri Shantanoo Saxena, learned counsel for the revision petitioner.