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2021 Supreme(Online)(NCDRC) 480

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
MR. DINESH SINGH, PRESIDING MEMBER, MR. JUSTICE KARUNA NAND BAJPAYEE, MEMBER
DADA MOTORS PVT. LTD. – Appellant
Versus
TATA MOTORS LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Narender Singh Yadav
For the Respondents:

Table of Content
1. warranty obligations and liability determination (Para 1 , 3 , 4 , 5)
2. jurisdictional review and the principle of delayed enforcement (Para 2 , 8 , 9)
3. contractual privity between dealer and complainant (Para 6 , 7)
4. final dismissal of the petition and enforcement order (Para 10 , 11)
ORDER

Taken up through video conferencing.

1. This Petition has been filed under Section 21 (b) of The Consumer Protection Act , 1986 (corresponding Section 58 (1)(b) of The Consumer Protection Act 2019) in challenge to the Order dated 17.12.2020 of The State Consumer Disputes Redressal Commission, Punjab in Appeal No. 322 of 2018 arising out of the Order dated 05.01.2018 of The District Consumer Disputes Redressal Commission, Ferozepur in Consumer Complaint No. 371 of 2014.

2. Heard the learned counsel on admission. Perused the material on record, including inter alia the District Commission’s Order dated 05.01.2018, the State Commission’s impugned Order dated 17.12.2020 and the Petition.

3. The dispute relates to not honouring the warranty / extended warranty on a new vehicle purchased by the Complainant, the buyer (the Respondent No. 2 herein) from the Opposite Parties No. 1 to No

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