COMMERCIAL MOTORS vs Gopal Singh Bhandari

THIS revision petition is directed against the order of the State Commission dated 13 -04 -2010 whereby the said Commission partly allowed the appeal filed by the complainant and directed the opposite parties in the complaint including the petitioners before us to pay a sum of Rs.2,13,250/ - to the complainant along with interest at the rate of 6% per annum and cost of litigation amounting to Rs.5,000/ -.

THE District Forum vide its order dated 29 -10 -2005 passed the following order: "The present complaint of the complainant is allowed with the condition that if the complainant assures the opposite parties to make the payment of installments of Rs.32,100/ - per month, then after having submitted written consent to this effect by the complainant, the opposite parties shall release the vehicle in question and entire documents concerned with the vehicle without any further delay to the complainant within one month of passing this order. Since the vehicle in question is in the possession/custody of the opposite parties from the month of September 2004 till date, therefore, the opposite parties are not entitled for any kind of interest on the amount in question from the month of September, 2004 till this order is passed."

THE learned counsel for the complainant/respondent states that their grievance is against Tata Motors on account of the said company having seized the documents of their vehicle and having later sold the said vehicle at less than the market price. He further submits that considering the scope of their grievance he has no objection to the impugned order being set aside to the extent the said order pertains to the petitioner before this Commission namely Commercial Motors. In view of the said statement the impugned orders to the extent it pertained to the opposite party -Commercial Motors are set aside. Since Tata Motors has not challenged the order passed by the State Commission, the aforesaid order, to the extent it pertains to Tata Motors Ltd. remains unaffected. The amount which the petitioner has deposited in compliance of the interim order of this Commission be returned to them by the District Forum along with interest which may have accrued on that amount.