LAWS(NCD)-2022-9-81

P. PRAVEENA KUMARI Vs. CBC HONDA

Decided On September 12, 2022
P. Praveena Kumari Appellant
V/S
Cbc Honda Respondents

JUDGEMENT

(1.) This is a review application of a final order of this Commission dtd. 26/8/2020 seeking enhancement of the compensation awarded. The review petitioner had booked an Activa 3G scooter on 30/5/2015 with the respondent no. 1 by paying booking amount of Rs.1000.00 and on 4/6/2015, the petitioner paid an amount of Rs.56,530.00. She subsequently learnt that the respondent had charged her Rs.1750.00 which amount was over and above the price advertised and had therefore approached the District Forum, Thiruvananthapuram (in short, 'District Forum') in CC No. 574 of 2015 on 28/11/2015. Vide Order dtd. 30/6/2017 the District Forum allowed the complaint and ordered that "In the result, complaint is partly allowed and 1st opposite party is directed to pay Rs.57,530.00 with interest at the rate of 9% per annum from 15/6/2015 up to 26/9/2015 and cost of Rs.2,000.00 to the complainant within one month from the date of receipt of this order. Opposite parties 2 and 3 are exonerated."

(2.) The petitioner approached the State Consumer Disputes Redressal Commission, Thiruvananthapuram, Kerala (in short, 'State Commission') by way of Appeal No. 333 of 2018 seeking modification of the order of the District Forum allowing her to realize Rs.4,00,000.00 as compensation from the opposite party. The State Commission on 27/7/2018 dismissed the appeal on grounds of limitation as delay of 250 days was not sufficiently explained and also on merits.

(3.) This order was challenged by the petitioner in RP 2954 of 2018 before this Commission on grounds that: