INTERNATIONAL CARS AND MOTORS LIMITED Vs. MALINI SHAJU

JUDGEMENT

(1.) This Revision Petition has been filed by International Cars and Motors Limited and Anr. who are the manufacturers of Rhino RX SUVs. From the Array of Parties it appears that they are of the Sonalika Group and the dispute in the present Complaint is about such a vehicle having developed deficiencies, the Complaint whereof was filed by Respondent No. - 1 herein, being Consumer Complaint No. 88 of 2010 before the District Consumer Disputes Redressal Commission, Ernakulum, Kerala. The Complaint also arrayed the dealer, Respondent No. - 2, M/s Maxim International Cars, Kochi from where the Complainant had purchased the vehicle. The vehicle had been financed by Respondent No. - 3.

(2.) The District Commission vide Order dtd. 27/8/2012 allowed the Complaint holding that the manufacturers, the Petitioners herein together with the dealer, Respondent No. - 2 herein were liable jointly and severally to refund Rs.7,60,000.00 after deducting 30%, and the Complainant shall return the defective vehicle to the Opposite Parties simultaneously. A cost of Rs.5,000.00was also imposed.

(3.) Aggrieved the Petitioners along with the dealer joined in First Appeal No. 927 of 2012 and contested the order passed by the District Commission where it was held that since the dealership had been closed, the Opposite Party was rightly directed by the District Commission to refund the price after deducting 30% as the vehicle had covered about 90,000 kms. The Appeal was dismissed subject to the said directions against which the present Petition has been filed only by the Manufacturers, and not by the Dealer.