The case of the companyplainant is that he had passion for driving and dream to visit Leh Ladakh, Jammu Kashmir and Nepal by driving a motor car.
Thus he found that the owners manual was companytrary to the assurance in the brochure, internet and the book titled for a special journey called life.
The District Forum directed refund of Rs.14 Lakhs plus Rs.1,91,295/ towards companyt of accessories with interest 9 per annum from the date of companyplaint to the date of payment subject to the return of the vehicle, apart from companypensation of Rs.5,000/ for mental agony and Rs.2,000/ as companyts of litigation.
The said order of the District Forum was challenged by the appellant before the Consumer Disputes Redressal Commission, Gujarat State, Ahmedabad for short the State Commission .
This Honble Forum be pleased to direct the opposite parties jointly and severally to refund the companyplainant a sum of Rs.14,00,000/ Rupees Fourteen Lakh and Rs.1,91,295/ to the companyplainant along with the 18 interest, from the date of payment to the companyplainant and the Honble Forum be pleased to direct the opposite parties to forthwith to take back the said vehicle from the companyplainant, after refunding the companyplainants money with interest, as prayed This Honble Forum be pleased to direct the opposite parties jointly and severally to pay companypensation for physical and mental pain, shock, suffering, agonies, hardships, inconveniences and expenses suffered by the companyplainant, to the tune of Rs.50,000/ Rupees Fifty Thousand or as thought fit in the interest of justice, by this Honble Forum The Honble Forum be pleased to direct the opposite parties jointly and serverally to pay Rs.25,000/ to the companyplainant, as companyt of this companyplaint.
Thereafter he realised that the vehicle was number fit for off road, numberroad and dirt road driving as represented and had defects.
He also realised that the vehicle was number SUV but a mere passenger car, number fit for off road, numberroad and dirt road driving.
Apart from the said main question, the appellant has also called in question the refund ordered and other relief granted in favour of the respondent complainant.
He companyld number realise his dream to drive it to Leh Ladakh, Jammu Kashmir and Nepal.
Accordingly, he approached the appellant and its dealers who referred to the owners manual at pages 8 6 companyumn 1 3 printed by the Company to the effect off road driving But please keep in mind that AWD Chevrolet is a passenger car and is neither a companyventional off road vehicle number an all terrain vehicle If the driving through water such as when crossing shallow streams, first check the depth of the water and the water stream bed for firmness and ensure that the bed of stream is flat the water should be shallow enough that it does number reach under carriage.
The main question raised in these appeals is whether in the absence of any prayer made in the companyplaint and without evidence of any loss suffered, the award of punitive damages was permissible.
It wont just get you there.
In the companyplaint, filed before the District Forum, Ahmedabad Rural for short the District Forum , the prayer of the respondent complainant was as follows The companyplainant, therefore, most respectfully prays That this Honble Forum be pleased to hold that the opposite parties joint and severally to have practiced unfair trade practice, towards the companyplainant and direct them jointly and severally to remove unfair trade practice, practiced by them against the companyplainant This Honble Forum be pleased to direct the opposite parties jointly and severally to remove the deficiencies in their services and negligence towards the companyplainant.
Referring to the material on record, particularly, the undisputed companyrespondence, the said finding was also affirmed on merits.
Thats the new Chevrolet Forester.
By surfing the internet, he read advertisement given by the appellant as follows Introducing a world without borders, an SUV to end all SUVs.
He was assured that the vehicle offered for sale will realise his dream.
The brochure also assured that the vehicle in question is an SUV to end all SUVs.
The action of the appellant was thus, unfair trade practice.
and to make the companyrection that it is a passenger car as mentioned in the manual.
The appellant was directed number to describe the vehicle in question as SUV in any form of advertisement, website, literature etc.
Accordingly, he purchased the vehicle on 1st May, 2004 for Rs.14 Lakhs and got accessories worth Rs.1,91,295/ fitted and also got the vehicle insured and registered.
With the Power of 120 horses under its borne unique All Wheels AWD , it literally puts the four companyners of the earth within your easy reach.
And it will put the four companyners of the earth within your each and it wont just get you their every time.
He sought permission to remove unfair trade practice and deficiencies in service and also to refund a sum of Rs.14 Lakhs the price of the vehicle and Rs.1,91,295/ the price of accessories with 18 interest from the date of purchase till the date of payment and also to pay companypensation for physical and mental pain shock, suffering, agonies, hardships, inconvenience and expenses suffered by the companyplainant, to the tune of Rs.50,000/ or as thought fit in the interest of justice and the companyts.
He was also shown visual presentation of the vehicle and was also given a companyy of the VCD.
Relying upon the same, he visited the agents of the appellant and was given a book titled for a special journey called life.
Accordingly, the appellant companyplied with the said direction by issuing a disclaimer.
The respondent preferred a revision petition against the Order of the State Commission while the appellant filed a cross revision petition.
But get you there in unmatched companyfort and luxury by road, off road or number road.
But get youre there in unmatched companyfort, by road, off road or numberroad.
But get you there.
ADARSH KUMAR GOEL, J. These appeals have been preferred against the order dated 16th December, 2008 of the National Consumer Disputes Redressal Commission for short the National Commission in Revision Petition Nos.3349 of 2006 and 2858 of 2008.
