Tribunals and Commissions(2001) 08 NCDRC CK 0054

UNIKRISHNAN vs PROMPT INDIA

National Consumer Disputes Redressal Commission · Decided on 20 August 2001 · Citation: 2008 1 CPJ 127

HON’BLE JUDGES
D.P.Wadhwa , C.L.Chaudhry , J.K.Mehra , Rajyalakshmi Rao , B.K.Taimni J.
RESULT
Dismissed

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Judgment

3 paragraphs · 239 words
1.

-THIS is a revision petition arising out of the decision of Kerala State Consumer Disputes Redressal Commission. The complainant has filed a complaint stating that the respondent had indulged in unfair trade practice in over-charing him for Paramount Brand Expeller manufactured by Sharda Industries, Ghaziabad. It is pointed out that the machine was sold to the complainant after allowing 20% rebate on the price and the dealer''s commission of Rs. 1,693. 40 has been charged in consideration of his rendering ''after service'' during warranty period.

2.

THE District Forum, however, disallowed this ground for charging dealer''s commission and ordered refund thereof. On appeal, the Appellate Court reversed the order of the District Forum and found adequate justification for Rs. 1,693. 40 on account of after sale service being charged during the period of warranty. It has also noticed that the dealer''s commission amounting to Rs. 7,760 was duly offered to the consumer/complainant.

In our view, the Appelalte Court has come to the correct decision of allowing retention of the amount of Rs. 1,693. 40 by the dealer and reversing the order of the District Forum. Nothing has been pointed out which would or could be a ground for us to interfere with the said finding under Section 21 (b) of Consumer Protection Act. There is no legal infirmity or any jurisdictional error in the impugned order which is upheld and this revision petition is dismissed. R. P. dismissed.