- (1.) THIS appeal by special leave has been filed against the impugned judgment of the National Consumer Disputes Redressal Commission, New Delhi dated 26.07.2002 in Revision Petition No. 523/1998 filed by the appellant herein.
(2.) 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. 1 herein against the appellant herein before the District Consumer Disputes Redressal Forum, Chandigarh. 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.7,000/- for the same. The complainant claimed that he should be refunded the sum of Rs.7,000/-. The claim of the complainant-respondent No. 1 was allowed by the District Consumer Forum, Chandigarh vide order dated 3.12.1996. 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, 1998. 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.
(3.) MR. Lalit Bhasin, learned counsel appearing for the appellant has invited our attention to a policy decision dated 22.3.1995 of the Central Government, which is annexed as Annexure/P-1 to this appeal. 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. The respondent No. 1, at the relevant time lived in Chandigarh. 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. 7,000/- for his Maruti car as a person living in the four Metropolitan Cities abovementioned alone have to have a catalytic converter in his car.;