HINDUSTAN MOTORS LTD Vs. N SIVAKUMAR

JUDGEMENT

(1.) OUR attention has been drawn to the two communications addressed by TVS Sundram Iyengar & Sons Ltd., to the complainant- Respondent No. 1 herein and to M/s. Hindustan Motors Ltd.., (appellant) wherein it has been stated that they (TVS) were unable to carry out the inspection of the vehicle in question because Mr. Nallagounder (first respondent's father) stated to the representative of the TVS that his Advocate has not given his approval for taking the vehicle to the workshop of the TVS to assess the capability of the vehicle. Mr. Nallagounder was present today before us at the time of hearing alongwith the Counsel for the respondent No. 1. After hearing his submissions and also after hearing the arguments of Mr. Bhasin, learned Advocate for the appellant, we consider that the only direction that is called for now is that the vehicle in question may be taken to the workshop of M/s. TVS Sundaram Iyengar & Sons Ltd., by the said Company by deputing its representative to the residence of the respondent No. 1 herein who has undertaken that he will raise no objection of any kind against the vehicle being taken to the workshop of TVS.

(2.) IN case the vehicle is not in a condition to be driven to the workshop, M/s. TVS may adopt such means as is found appropriate such as by towing or otherwise to have the vehicle shifted to their workshop. The inspection may be carried out at the workshop of M/s. TVS on any date or dates convenient to them after intimating the respondents about the dates on which the inspection will be conducted so that one representative of the respondents may be present at the workshop at the time of inspection. The appellants' representative may also be present in the workshop at the time of inspection, if they so desire and intimation may also be given by TVS to the appellants about the date on which they propose to carry out the inspection. M/s. TVS and Sons is requested to have the inspection completed within a period of one month from the date of receipt of a copy of this order and submit its report to this Commission as indicated in the order passed by this Commission.