In a recent legal case involving a car sale dispute, the court’s thorough legal analysis has brought attention to issues of consumer rights and unfair trade practices. The court’s decision to overturn previous judgments highlights the importance of evidence examination in such cases. Let’s delve into the details of this insightful legal analysis.
Facts
- Original complainant purchased a Tata Victa GX TC Car.
- Original complainant lodged an FIR with the police.
- District Forum allowed the complaint and directed the dealer to take back the delivered vehicle, which was a used car, and provide a new car against the previously deposited amount.
- Booked car was not delivered to the complainant till 26.05.2006 with various defects.
- Original complainant filed a complaint before the District Forum seeking replacement of the used car with a new one.
- The delivered car was found to be old and had already run up to 10,000 kms, used by the dealer as a ‘Demo-Test Drive Vehicle’.
- The National Commission set aside the findings of facts recorded by the District Forum and State Commission regarding the car being a used car.
- The National Commission acknowledged that the complainant received a defective car.
- The National Commission modified the orders passed by the District Forum and State Commission, directing the payment of Rs. 1 lakh as compensation to the complainant.
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Arguments
- District Forum and State Commission found the car delivered was a used car.
- National Commission interfered with the findings of facts recorded by the lower forums.
- Non-supply of the new car booked amounts to dishonesty and unfair trade practice.
- Evidence such as test drive/demo slip established the delivered car was used.
- Duty of dealer to supply the new car when full sale consideration was paid by the complainant.
- Mr. Abhinav Ramkrishna supported the impugned judgment passed by the National Commission.
- He stated that there is no case to interfere with the National Commission’s order, which had valid reasons for overturning the findings of the lower forums regarding the car being used.
- The National Commission, upon reevaluation of the evidence, correctly noted the lack of proof that the delivered car was old.
- Shri Sidharth Bhatnagar mentioned that Tata Motors Limited is a proforma respondent as no orders were issued against them.
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Analysis
- The appellant booked and paid for a new car but received a used ‘Demo-Test Drive Vehicle’.
- The National Commission exceeded its authority by interfering with the District Forum and State Commission’s findings.
- The National Commission’s revisional jurisdiction under Section 21(b) is limited.
- The dealer was obligated to deliver a new car when the full sale consideration was paid.
- The delivered car was found to be defective and not permissible according to the findings.
- The National Commission’s interference with the findings of the lower courts was unjustified.
- No delivery of a new car can be considered an unfair trade practice
- Dealer has a duty to deliver a non-defective new car once booked and full payment made
- District Forum and State Commission were justified in directing the dealer to deliver a new car
- National Commission also ruled the delivered vehicle was defective and awarded compensation of Rs. 1 lakh to the complainant
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Decision
- The impugned judgment and order dated 04.01.2016 by the National Commission in Revision Petition No.2082 of 2015 has been quashed and set aside.
- The judgment and order passed by the District Forum dated 29.04.2011 in Consumer Case No.397 of 2007, confirmed by the State Commission on 19.09.2014 in Appeal No.910 of 2011, are restored.
- The present appeal is allowed with costs of Rs.1 lakh to be deposited by Respondent No.1 within six weeks with the Registry of the Court.
- Respondent No.1 is directed to comply with the judgment and order passed by the District Forum.
Case Title: RAJIV SHUKLA Vs. GOLD RUSH SALES AND SERVICES LTD . (2022 INSC 941)
Case Number: C.A. No.-005928-005928 / 2022
