BHARAT MOTOR Vs. USHA RANI SAMAL

JUDGEMENT

(1.) THE learned Counsel Mr. Rajendra Narayan Pal, who appeard on behalf of the Appellant and very ably presented the arguments in this case, is in our opinion on firm ground in contending that in the submission put forward by him that the State Commission has acted illegally and without jurisdiction in directing the Dealer namely the Appellant to refund to the Complainant the amount that the Complainant had paid to the Manufacturer by way of advance for the purchase of the car. The Order for refund should have been passed only against the Manufacturer who was also a party before the State Commission and is also a party in this appeal. We set aside the Order of the State Commission in so far as it is directed against the Appellant herein namely the Dealer and make it clear that the Order for refund of the money, passed by the State Commission will remain in force and will be enforceable only as against the Second Respondent M/s. Sipani Automobiles Ltd. The appeal is allowed to the extent of the modification indicated above. The parties will bear their respective costs.