NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
Mrs. M. Shreesha, Presiding Member
SH. SHANKAR LAL KHIMESRA - Appellant
Versus
M/S. H.N.S. COACHES PVT. LTD. - Respondent
Revision Petition No. 1132-1133 and 1135 of 2014, (Against the Order dated 20/09/2013 in Appeal No. 1110/2009 of the State Commission Rajasthan)IA/1066/2014(Exemption from dim documents),IA/1067/2014(Exemption for filing Translation Documents),IA/1068/2014(Condonation of delay),IA/9054/2017(Excemption from personal appearance)
Decided on : 01-09-2017
Consumer Protection Act - Challenge to order under section 21(b) - Act Section List: Consumer Protection Act, 1986, section 21(b) - The court discussed the provisions of the Consumer Protection Act, 1986, particularly section 3, and emphasized the principles of natural justice and the speedy remedy provided to consumers. The court also highlighted the agreement terms and the continuous cause of action in determining the limitation period for the complaint.
Fact of the Case:
The petitioner sought compensation for the delayed delivery of a bus body by the respondent, leading to financial loss and mental agony. The respondent argued that the complaint was barred by limitation and that the vehicle had been sold before the filing of the complaint.
Finding of the Court:
The court found that the complaint was not barred by limitation as the continuous cause of action extended beyond the date of the alleged breach of contract. The court also noted that the respondent failed to deliver the bus body as per the agreement terms, causing financial loss and mental agony to the petitioner.
Issues: The issues involved the determination of the limitation period for the complaint and the liability of the respondent for the delayed delivery of the bus body.
Ratio Decidendi: The court held that the complaint was not barred by limitation and that the continuous cause of action extended beyond the alleged breach of contract date. The court also found the respondent liable for the delayed delivery, awarding compensation to the petitioners.
Final Decision: The court allowed the revision petitions in part, directing the respondent to pay compensation to the petitioners and awarding costs to the petitioners.
ORDER
M. Shreesha, Presiding Member -Challenge in these Revision Petitions under section 21(b) of the Consumer Protection Act, 1986 (in short "the Act"), is to the order dated 20.09.2013 in First Appeal Nos. 1110 and 1111 of 2009 passed by the Rajasthan State Consumer Disputes Redressal Commission (in short "the State Commission"). By the Impugned order, the State Commission dismissed the Appeals preferred by the Petitioners, concurring with the findings of the the District Consumer Disputes Redressal Forum, Jaipur First, Jaipur (in short "the District forum"), held that there was no deficiency of service.
2. For the sake of convenience, Revision Petition No. 1132-1133 of 2014 is taken as the lead case. The Revision Petitioner had filed an application seeking exemption from personal appearance on the ground that he is unable to walk and hence cannot attend to the proceedings and to dispose of the matter on merits.
3. The brief facts, stated in the Complaint, are that the Petitioner was in the business of transportation providing best quality of vehicle to ferry people from one place to another. On 22.09.1998, the Petitioner approached the Respondent Company which is a bus body building Company and sought quotation in order to take loan from Tata Finance Company. The Respondent Company gave a quotation of 5,11,000/- for making the Bus body, fixing the Air Conditioner and seats inside. The Tata Finance Company sanctioned a loan of 11,00,000/- to the Petitioner which was transferred to M/s. Praman Motors, Udaipur, who was the authorised dealer of the Tata Company. It was stated that M/s. Praman Motors gave the Petitioner the Bus belonging to Tata Company, having chassis No. 400060 K.R.Q 119720 for 5,34,705/- on 31.10.1998. It was averred that the authorised dealer of the Company gave 1,00,000/- discount on the chassis and the same was insured by New India Insurance Company on 06.11.1998 by paying a premium amount in the sum of 19,909/. After getting the chassis insured, the Petitioner gave it to the Respondent Company to make the body on 25.11.1998 and thereafter, signed a contract, according to which the Respondent described in detail the type of work would be done on chassis, while making the body. According to this agreement, the Petitioner had to give the Respondent a sum of 4,00,000/- and the Respondent would complete the body with the chassis within 75 days, failing which, the Respondent shall pay 1,000/- for each day of delay in order to compensate the loss suffered by the Petitioner.
4. An amount of 5,00,000/- was paid by the Petitioner to the Respondent i.e. 2,00,000/- on 10.11.1998, 1,00,000/- on 25.11.1998, 1,00,000/- on 22.01.1999, 1,00,000/- on 18.03.1999. According to the agreement, the Petitioner had to give only 4,00,000/- to the Respondent. After receiving 2,00,000/- advance for the Air Conditioner and seats, the bus body was not ready, then the Petitioner bought seats for 76,500/- and Air Conditioner for 2,70,000/- on 05.12.1998 from M/s. Amar Industries, Gurgaon and sent it to the Respondent so that they complete the work on time. But, the Respondent did not deliver the Complete Bus to the Petitioner for which reason the Petitioner was unable to discharge the loan to Tata Finance Company, who repossessed the chassis on 13.01.2000. Then on 16.04.2002 the Petitioner once again took the chassis from Tata Finance Company and returned the chassis to the Respondent after taking permission from Tata Finance Company. In this manner, the prescribed time spent in connection with the completion of the Bus Body was beyond the terms of the agreement entered into and finally the Bus was given after a delay of 1710 days. It was pleaded by the Petitioner that he is entitled to penalty of 1,000/- per day for the delayed period. The chassis was of 1998 model and the Bus Body was given in January, 2006 and because of this delay, the model of the vehicle became eight years old. Consequently, the vehicle had to be sold for 6,50,000/
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