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This appeal by special leave has been filed against the impugned judgment of the National Consumer Disputes Redressal Commission, New Delhi dated Heard learned counsel for the appellant. There is no representation on behalf of the respondents despite service of notice. It appears that a complaint had been filed by the respondent No.
The grievance of the complainant in the complaint was that although a catalytic converter was not fixed in the Maruti car which was sold to him by the appellant, yet he has been charged a sum of Rs.
The complainant claimed that he should be refunded the sum of Rs. The claim of the complainant-respondent No. Against the said order of the District Forum, the appellant filed an appeal before the Consumer Disputes Redressal Commission, Union Territory, Chandigarh which was dismissed vide order dated 18th March, Thereafter the appellant preferred a revision before the National Consumer Disputes Redressal Commission which has been dismissed by the impugned order.
Hence, this appeal by special leave. Lalit Bhasin, learned counsel appearing for the appellant has invited our attention to a policy decision dated By the said decision the Central Government had directed that all 4 wheeler petrol vehicles sold in the cities of Delhi, Bombay, Calcutta and Madras shall be fitted with a catalytic converter.
However, there was no mandatory requirement for a catalytic converter in such vehicles at the relevant time in respect of other cities in India. Hence, he alleged that he was under no legal obligation to get fitted a catalytic converter in his Maruti car nor did he actually get the same fitted in his car purchased from the appellant.
Thus, he should not have been charged an extra Rs. We are in agreement with the view taken by the Consumer Fora.
Since, there was no mandatory obligation at the relevant time for a resident of Chandigarh to have a catalytic converter in his car, and the respondent No. Of course, if he had opted for such catalytic converter he would have to pay the price for the same, but he never opted for it.
Hence, in our opinion charging him Rs. Bhasin then submitted that even a person living in any other city apart from the 4 metropolitan cities would have been given a catalytic converter in his Maruti car free of cost had he asked for it.
There is no such averment in the written submission filed by the appellant before the National Consumer Commission or the other consumer fora and hence we are not inclined to accept this oral submission. Bhasin further submitted that in pricing matters the consumer forum cannot interfere and in this behalf he has relied upon the decisions of this Court in the cases of State of Gujarat Vs.
As regards the decision in State of Gujarat Vs. Rajesh Kumar Chimanlal Barot suprait is a very cursory order and has no application to the present case. The decision in Pallavi Refractories supra in fact supports the case of the respondent. Dual fixation of price based on reasonable classification from different types of customers has met with approval from the Courts.
The above observation clearly indicates that dual fixation of price can only be sustained if it is based on a reasonable classification.
In the present case, as already mentioned above, the classification is not reasonable, since a person whose vehicle does not have a catalytic converter should not be made to pay for the same. As regards the decision in the case of Tamil Nadu Housing Board suprait has been observed therein in the last sentence of para 26 as under: In this connection, two things may be noted.
Secondly, in the present case we are not really concerned with adequacy of price. We are concerned with charging by the appellant for a converter which he has not supplied to the respondent. In our opinion, this is unfair trade practice as defined in Section 2 1 r of the Consumer Protection Act.
Bhasin also submitted that the Central Government had directed that the same price be charged for all cars, whether fitted with a converter or not. No such government directive is on the record of this case, but even if there is such a directive, in our opinion, it will be arbitrary and violative of Article 14 of the Constitution of India.
In the present case, the grievance of the complainant was that he was being overcharged for a catalytic converter which he neither demanded nor was it actually fitted in his car purchased from the appellant. In our opinion, the complaint filed by respondent No.
It may be noted that the definition in Section 2 1 r is an inclusive one, and is not exhaustive of sub-clauses i to x therein.Maruti Suzuki India Limited (MSIL), a subsidiary of Suzuki Right from inception, Maruti brought to India, a very simple yet powerful Japanese philosophy “smaller, fewer, lighter, shorter and neater”.
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