IMPORTANT POINT
Status of complainant as consumer, vis-à-vis OPs has to be considered on the day of cause of action or filing of complaint.

Dr. B.C. Gupta, Member—This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugnedORDER dated 17.12.2007 passed by the Delhi State Consumer Disputes Redressal Commission (for short ‘the State Commission’) in FA No. A-07/663, “Tata Motors Ltd. v. Manoj Gadi & Anr.”, vide which, theORDER dated 25.07.2007, passed by the District Consumer Disputes Redressal Forum, Sheikh Sarai-II, in complaint no. DF-VII/117/07 was modified. The District Forum vide saidORDER had allowed the complaint of complainant/respondent no. 1, directing the petitioner/OP No. 2 to replace the defective car with a new car of the same model with fresh warranty and also to pay a sum of Rs.5,000/- as compensation for mental and physical harassment and Rs.5,000/- as cost of litigation. The State Commission vide impugnedORDER directed that instead of replacing the defective vehicle, the petitioner M/s. Tata Motors shall refund the cost of the vehicle to the complainant on the return of vehicle, after completing the formalities of transfer of registration certificate in the name of the petitioner. It is against thisORDER that the present petition has been made.

2. Brief facts of the case are that respondent no. 1 / complainant purchased a Tata Indigo LS- Diesel Car on 29.06.2006 from respondent no. 2 M/s. Sanya Automobiles Pvt. Ltd. According to the complainant, the petitioner and respondent no. 2 sold a second hand car to him that started giving problems immediately after purchase. He reported the matter to the OPs and he was assured that the defects in the vehicle would be removed. However, the problem could not be rectified, although the vehicle was subjected to repeated repairs. The power steering of the vehicle was changed, but still the problem continued. On 23.09.2006, the rack and pinion were changed; on 18.11.2006, steering column was changed; on 8.01.2007, power steering and pumps were changed, but the defects could not be rectified and noise continued from the steering as well as from the shockers. Within six months of purchase, the paint from the roof of the vehicle started peeling off, giving rise to the suspicion that an old car had been sold after repainting. The OPs denied the allegations levelled by the complainant. The District Forum after taking into account the evidence of both the parties, directed that the vehicle should be replaced with a new car by the petitioner and a sum of Rs.25,000/- as compensation for mental harassment and Rs.5,000/- as cost of litigation should be paid to him. The present petitioner preferred appeal before the State Commission against thisORDER. Vide impugnedORDER, the State Commission modified theORDER passed by the District Forum and directed that the cost of the vehicle should be refunded to the complainant after completing the formalities of transfer of registration certification in the name of the petitioner.

3. During the course of hearing before us, notices were sent to complainant /respondent no. 1 and respondent No. 2 dealer for appearance. The complainant/respondent No.1 appeared in person. None appeared on behalf of respondent No. 2. On 08.08.2013, at the time of hearing before us, the complainant stated that he had already sold the vehicle, in question, on 25.12.2011.

4. The arguments in this case were finally heard on 18.09.2013. The learned counsel for the petitioner stated that the complaint was required to be dismissed, because the complainant / respondent no. 1 had already sold the vehicle without the permission of the Court. He has drawn our attention to theORDER passed by the National Commission in Rajiv Gulati v.

M/s. Tata Engineering & Locomotive Company Ltd. & Ors., [FA No. 466 of 2008 decided on 23.04.2013]. In the said case, the National Commission observed that since the vehicle had been sold during the pendency of the proceedings before the consumer fora, the complainant was not entitled for any compensation in the absence of material