Case: Momna Gauri Vs. Regional Manager and Ors

filed.7. The District Forum considered the rival pleadings and the documents produced by the parties and held that the vehicle purchased by the appellant had a manufacturing defect and that was the reason why the chassis had broken more than once. The District Forum noticed the plea of respondent Nos.1 and 2 that the cracks had developed in the chassis because of overloading and rejected the same by observing that no tangible evidence was produced to substantiate this assertion. The objection regarding non-impleadment of Shriram Transport Finance Agency as a party was also rejected by the District Forum on the ground that its presence was not necessary for deciding the complaint. In conclusion, the District Forum allowed the complaint and directed the respondents to make available new vehicle to the appellant, who was directed to deposit the old vehicle. The District Forum further directed the appellant to give intimation to the Finance Company about the change of vehicle.8. The appeal filed by the respondents was dismissed by the State Commission by recording its agreement with the District Forum on the issue of deficiency in service.9. The National Commission modified the direction given by the District Forum by relying upon the judgment in Maruti Udyog Ltd. v. Susheel Kumar Gabgotra, (2006) 4 SCC 644. The operative portion of the order passed by the National Commission reads as under : "There is not doubt that the chassis of the brand new three wheeler motor vehicle broke down within a short period. Whether this was due to the alleged over-loading could not be clearly established by the petitioners merely on the strength of the challans of fines under the M.V. Act, produced by them. However, we are inclined to agree with Ms. Kohli that in view of the law on the subject laid down by the Apex Court in a catena of judgments (including that in the case cited by Mrs. Kohli above), replacement of the defective chassis by a new one is the legally available relief to the respondent. We, therefore, direct the petitioners to replace the chassis of the vehicle with a brand new one and provide the requisite fresh warranty therefore. In addition, any repairs that may be necessary to make the vehicle completely road-worthy shall be carried out by the petitioners free of charge to the respondent. These directions shall be complied with within two weeks of the respondent bringing the vehicle in question to the premises of the authorized dealer. In addition, considering the specific fact and circumstances of the case, the petitioner shall pay a sum of Rs.10,000/- to respondent No. 1 towards the cost of the proceeding all through, within four weeks from the dated of this order." 10. The plea of respondent Nos. 1 and 2 that chassis of the vehicle had broken down due to overloading was rejected by the National Commission by recording the following observations: "There is not doubt that the chassis of the brand new three wheeler motor vehicle broke down within a short period. Whether this was due to the alleged over-loading could not be clearly established by the petitioners merely on the strength of the challans of fines under the M.V. Act, produced by them." 11. We have heard learned counsel for the parties. Section 21 of the Act, which relates to the jurisdiction of the National Commission reads as under: "21. Jurisdiction of the National Commission. Subject to the other provisions of this Act, the National Commission shall have jurisdiction(a) to entertain -(i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees one crore; and(ii) appeals against the orders of any State Commission; and(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity." 12. The aforesaid provision was interpreted by this Court in Rubi (Chandra) Dutta v. United India Insurance Company Limited, 2011(2) R.C.R.(Civil) 591 : 2011(2) Recent Apex Judgments (R.A.J.) 250 : (2011) 11 SCC 269 and it was observed : "Also, it is to be noted that the revisional powers of the National Commission are derived from Section 21(b) of the Act, under which the said power can be exercised only if there is some prima facie jurisdictional error appearing in the impugned order, and only then, may the same be set aside. In our considered opinion there was no jurisdictional error or miscarriage of justice, which could have warranted the National Commission to have taken a different view than what was taken by the two forums. The decision of the National Commission rests not on the basis of some legal principle that was ignored by the courts below, but on a different (and in our opinion, an erroneous) interpretation of the same set of facts. This is not the manner in which revisional powers should be invoked. In this view of the matter, we are of the considered opinion that the jurisdiction conferred on the National Commission under Section 21(b) of the Act has been transgressed. It was not a case where such a view could have been taken by setting aside the concurrent findings of two fora." 13. In the present case, the National Commission did not find any jurisdictional error or perversity in the finding recorded by the District Forum on the issue of deficiency in service. The National Commission also did not find any fault with the conclusion recorded by the District Forum that there was manufacturing defect in the vehicle sold to the appellant. Therefore, it must be held that by interfering with the order of the District Forum, the National Commission transgressed the limits of its jurisdiction under Section 21 of the Act.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]13. In the present case, the National Commission did not find any jurisdictional error or perversity in the finding recorded by the District Forum on the issue of deficiency in service. The National Commission also did not find any fault with the conclusion recorded by the District Forum that there was manufacturing defect in the vehicle sold to the appellant. Therefore, it must be held that by interfering with the order of the District Forum, the National Commission transgressed the limits of its jurisdiction under Section 21 of the Act.