State Consumer Disputes Redressal Commission
Bishamber vs Daimler India Commercial Vehicles on 28 March, 2023
TRANSFER APPLICATION NO.02 OF 2022 28.03.2023
BISHAMBER VS. M/S DAIMLER INDIA COMMERCIAL VEHICLES PVT. LTD. & ORS.
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
HARYANA, PANCHKULA
Date of Institution: 19.07.2022
Date of final hearing: 28.03.2023
Date of Pronouncement: 28.03.2023
TRANSFER APPLICATION NO.02 OF 2022
IN THE MATTER OF
Bishamber son of Shri Jagdish, resident of House No.354, Ward No.11,
Dhanak Basti, Charkhi Dadri.
....Complainant
Versus
1. M/s Daimler India Commercial Vehicles Pvt. Ltd. through its
Managing Director.
Having its office at 8B, Sipcot Industrial Estate, Oragadam Village,
Singaperumal Koil Road, Mattur (PO), Sriperumbudur-Taluk, District
Kanchipuram-602105.
2. M/s Dhingra Trucking Pvt. Ltd. through its Prop./Partner/Authorized
Dealer.
Having its office at G.T. Road, Gharonda, Karnal, Haryana-132114.
3. M/s Kamal Trucking Udaipur, Kamal Commercial Vehicles Pvt. Ltd.
(Bharat Benz Authorized Dealer) through its Managing Director.
Having its office at N.H. 76, Bhawrisiya Ghati, Village Saray, The
Vallabh Nagar, Udaipur-313601.
....Opposite Parties
CORAM: HON'BLE MR. JUSTICE T.P.S. MANN, PRESIDENT
MS. MANJULA, MEMBER
Present: Complainant Bishamber in person.
Shri Ashutosh Saklani, counsel for opposite party No.1.
Shri Anil Kumar Sharma, counsel for opposite party No.2.
Presence of opposite party No.3 already dispensed with.
PER: T.P.S. MANN, J.
ORDER
1. This transfer application has been received before this Commission vide reference No.270 dated 13.07.2022 sent by the President of Page 1 of 4 TRANSFER APPLICATION NO.02 OF 2022 28.03.2023 BISHAMBER VS. M/S DAIMLER INDIA COMMERCIAL VEHICLES PVT. LTD. & ORS. District Consumer Disputes Redressal Commission, Bhiwani on the application moved by counsel for the complainant for the transfer of the consumer complaint No.280 of 2019 from the District Consumer Commission, Bhiwani to District Consumer Commission, Charkhi Dadri.
2. The complainant, namely, Bishamber has filed the complaint under Section 12 of the Consumer Protection Act, 1988, wherein he sought issuance of directions to the opposite parties to replace the truck manufacturing year, 2016 with the truck manufacturing year, 2017, which he had opted and paid for from the opposite parties and in the alternative prayer made for paying a sum of Rs.15,86,862/- to him along with pendente lite and future interest. The opposite parties were also requested to pay Rs.1,00,000/- for mental agony, pain, harassment and for wastage of time and loss of business as well as litigation expenses.
3. Upon notice, opposite party No.1 put in appearance whereas opposite parties No.2 and 3 did not appear and were accordingly proceeded against ex parte. Subsequently, the complainant recorded his evidence and thereafter closed the same. When the complaint was at the stage of recording of evidence of opposite party No.1, the complainant filed an application seeking transfer of the complaint to the District Consumer Disputes Redressal Commission, Charkhi Dadri on the ground that when he had filed the complaint before the District Consumer Disputes Redressal Page 2 of 4 TRANSFER APPLICATION NO.02 OF 2022 28.03.2023 BISHAMBER VS. M/S DAIMLER INDIA COMMERCIAL VEHICLES PVT. LTD. & ORS. Commission, Bhiwani, there was no District Consumer Commission at Charkhi Dadri, which started functioning only thereafter as the complainant was permanent resident of Ward No.11, Dhanak Basti, Charkhi Dadri, which fell within the jurisdiction of District Consumer Commission, Charkhi Dadri.
4. As per Section 48 of the Consumer Protection Act, 2019, power to transfer complaint from one district to another lay with the State Commission and not with the District Consumer Commission. Accordingly, the complaint file in original along with the connected documents was sent to the State Commission for necessary action in the matter. The parties were also directed to appear before the State Commission and the Assistant directed to ensure that file was sent before the State Commission.
5. From the above, it is clear that the complaint is seeking transfer of the complaint filed by him from the file of the District Consumer Commission, Bhiwani to that of District Consumer Commission, Charkhi Dadri as at the time of filing of the complaint, the District Consumer Commission, Charkhi Dadri was not in existence and accordingly, the complainant had filed the complaint before the District Consumer Commission, Bhiwani. Ends of justice shall be suitably met, if, the complaint in question is transferred from the District Consumer Commission, Bhiwani to the District Consumer Commission, Charkhi Dadri.
Page 3 of 4 TRANSFER APPLICATION NO.02 OF 2022 28.03.2023 BISHAMBER VS. M/S DAIMLER INDIA COMMERCIAL VEHICLES PVT. LTD. & ORS.
6. Counsel appearing for opposite parties No.1 and 2 have not expressed any serious objection to the stand taken by the complainant, who is present in person.
7. Resultantly, the complaint No.280 of 2019 titled 'Bishamber Versus M/s Daimler India Commercial Vehicles Pvt. Ltd. and Ors.' preferred by the complainant at District Consumer Commission, Bhiwani is hereby transferred to the file of the District Consumer Commission, Charkhi Dadri.
8. The parties shall appear before the District Consumer Commission, Charkhi Dadri on 30.05.2023. In case, any of the parties does not appear on the date fixed, the District Consumer Commission shall issue notice to the parties.
9. A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act.
10. Registry is directed to send the complaint complete in all respect with a copy of this order to the District Consumer Commission, Charkhi Dadri for information and necessary action. Copy of this order be also sent to District Consumer Commission, Bhiwani for information.
(T.P.S. MANN) PRESIDENT (MANJULA) MEMBER Pronounced On: 28.03.2023.
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