State Consumer Disputes Redressal Commission
M/S Palam Tractors vs Shri Jamir Ahmmed And Another on 31 October, 2012
BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SOLAN, H
H.P. STATE CONSUMER
DISPUTES REDRESSAL COMMISSION, SHIMLA.
(1) Revision Petition No.17/2011
Date of Decision: 31.10.2012
M/s Palam Tractors,
Lunapani, Ner Chowk,
Tehsil Sadar,
District Mandi, H.P.,
Through its Manager.
.. Petitioner
Versus
1. Shri Jamir Ahmmed son of
Shri Bashir Ahmmed,
R/o House No.61, Diara
Sector, Bilaspur, H.P.
2. M/s Piaggio Vehicles Private
Limited,
102, Phoenix, Bund Garden
Road,
Pune-411 001.
Respondents
...
For the petitioner: Mr. Ratish Sharma, Advocate
For the Respondent No.1: Mr.
Tara Singh Chauhan, Advocate
with respondent No.1 in person.
For the respondent No.2: Mr.
Janesh Gupta, Advocate vice
Mr. Ajeet Jaswal, Advocate
AND
(2) Revision
Petition No.20/2011
Date of Decision: 31.10.2012
M/s Piaggio Vehicles
Private Limited,
SCO 2907-2908, Sector
22-C,
Chandigarh-160 022,
Through its Regional
Manager (Service)
Shri Uma Shankar
Sahu.
.. Petitioner
Versus
1. Shri Jamir Ahmed son of Shri
Bashir Ahmed,
Resident of House No.61,
Diara Sector, Bilaspur, Tehsil and District Bilaspur, H.P.
2. M/s Palam Tractors,
Village and Post Office, Ner Chowk,
Tehsil Sadar, District Mandi, H.P.,
Through its Manager.
Respondents
Coram
Honble Mr. Justice (Retd.) Surjit Singh, President
Honble Mr. Chander Shekhar Sharma, Member
Whether approved for reporting?[1] For the petitioner: Mr. Janesh Gupta, Advocate vice Mr. Ajeet Jaswal, Advocate For the Respondent No.1: Mr. Tara Singh Chauhan, Advocate with respondent No.1 in person.
For the respondent No.2: Mr. Ratish Sharma, Advocate O R D E R:
Justice (Retd.) Surjit Singh, President (Oral) There has been a compromise between the parties, which is reduced into writing in the form of the statements of the execution petitioner Jamir Ahmed, who is present in person with counsel and the counsel for the revision petitioners, i.e. M/s Palam Tractors (in Revision Petition No.17/2011) and M/s Piaggio Vehicles Private Limited (in Revision Petition No.20/2011). In terms of the compromise, it is ordered that revision petitioners M/s Palam Tractors and M/s Piaggio Vehicle Private Limited, shall pay to the complainant/respondent Jamir Ahmed, a sum of `61,466.29, on account of the price of a brand new engine by depositing the aforesaid amount of money with District Consumer Disputes Redressal Forum, Bilaspur, within 30 days from today and the amount of `53,000/- already deposited, on account of compensation and litigation expenses by the revision petitioners, shall also be payable to the complainant/respondent Jamir Ahmed, which he may withdraw by making an application to the said District Consumer Disputes Redressal Forum. In case the revision petitioners have already deposited any amount of money in addition to `53,000/- either with District Consumer Disputes Redressal Forum, Bilaspur, or with this Commission, that money will be adjusted against the amount of `61,466.29 payable by the revision petitioners, on account of the price of a new Engine, in terms of this order. Revision petitioners agree inter-se that they will share the liability for payment of the aforesaid amount of `61,466.29, as also the compensation and litigation expenses, equally.
2. It has been pointed out that the vehicle is parked at the workplace of M/s Palam Tractors. Respondent/complainant Jamir Ahmed, may take the delivery of the vehicle after getting the engine dismounted from the vehicle.
3. In view of the aforesaid settlement between the parties and the passing of order, in terms thereof, hereinabove, the present revision petitions become infructuous. Execution petition filed before District Consumer Disputes Redressal Forum, Bilaspur, stands finally disposed of, in terms of the aforesaid compromise order. A copy of the order be given Dasti to the counsel for M/s Piaggio Vehicles Private Limited, as requested by him.
4. This order shall be placed on the record of Revision Petition No.17/2011, titled M/s Palam Tractors versus Shri Jamir Ahmed and its authenticated copy on the record of Revision Petition No.20/2011, titled M/s Piaggio Vehicles Private Limited and Shri Jamir Ahmed.
5. One copy of this order be sent to each of the parties, free of cost, as per Rules.
(Justice Surjit Singh) President (Chander Shekhar Sharma) Member October 31, 2012 *dinesh* [1] Whether Reporters of the local papers may be allowed to see the order?