FIAT INDIA PRIVATE LIMITEDREVISIONI 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.) HERE , it may be mentioned that there was change of the name of the company Ind Auto Limited. Annexure C is the fresh certificate of incorporation, consequent on change of name, issued by the Deputy Registrar of Companies, Maharashtra, Mumbai approving and signifying consent to change of the name of the company from Ind Auto Limited to Fiat India Limited and the said authority certified that Ind Auto Limited, which was originally incorporated on 23.11.1992 under the Indian Companies Act, 1956 and under the name 'Pal Cooper Private Limited' having duly passed the necessary resolution in terms of Sections 21/22(1)(a)/22(1)(b) of the Companies Act, 1956 and the name of the said company is this day changed to Fiat India Limited and this certificate is issued pursuant to Section 23(1) of the said Act and was issued on 8th May, 2000. After the change of the name of Ind Auto Limited, the company functioned as Fiat India Limited and stepped into the shoe of Ind Auto Limited, its formal name and who was assignee in the deed of assignment executed.