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K.S.CHAUDHARI, ANUPAM DASGUPTA
TATA MOTORS LIMITED – Appellant
Versus
NAVIN NISHCHAL – Respondent


Advocates Appeared:
Mr. Aditya Narain, Ms. Astha Tyagi and Ms. Shuchi Singh, Advocates, for the Appellant; Ms. Jhuma Bose, Advocate, Mr. Gaurav Gupta, Advocate, for the Respondent

ORDER

Anupam Dasgupta, Member - This revision petition is directed against the order of the Delhi State Consumer Disputes Redressal Commission, Delhi (in short, the State Commission ) in First Appeal No. 771 of 2006. By this order, the State Commission partly allowed the appeal by observing as under:

"7. In the given facts and circumstances of the case, we partly allow the appeal, by setting aside the direction to replace the defective car with a new car and direct the appellant to refund to the respondent the entire cost of the car minus depreciated value at 10% as the consumer has used the car for more than two years, and pay Rs. 50,000 as compensation as to the mental agony, harassment, physical discomfort and emotional suffering suffered by the appellant. This compensation shall include the cost of litigation."

2. Respondent 1 in this petition was the complainant before the District Consumer Disputes Redressal Forum II, Sheikh Sarai, New Delhi (in short, the District Forum ) with the allegation of manufacturing defects in the Tata Indica car purchased by him from M/s. Sanya Motors (authorized dealer of Tata Motors, manufacturer of the car). The allegations related to starting prob

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