RAJU Vs. GOEL MOTORS PVT. LIMITED

JUDGEMENT

(1.) THE present appeal is the outcome of the order passed by District Consumer Forum, Solan, in Consumer Complaint No.60/2008, titled as Raju V/s Goel Motors vide which the complaint was dismissed. Feeling aggrieved by the order of the District Forum below, the appellant came before us with the present appeal.

(2.) FACTS as they emerge from the complaint are that the appellant purchased one Maruti Alto bearing registration No. HP -03B -0937, which met with an accident on 2.1.2008 near Dharampur, District Solan and the same was handed over to the respondent on 10.01.2008. As per the appellant respondent assured that vehicle shall be given back to the appellant after repair within 30 days. But inspite of various request and visits to the respondent shop, vehicle was not handed over to the appellant. For this reason the appellant came before this Commission with the prayer to direct the respondent to handover the vehicle to the appellant within 7 days and also that he be directed to pay compensation to the appellant to the tune of Rs. 1,35,000/ - along with litigation cost of Rs. 11,000/ - as the appellant suffered loss of Rs. 1,500/ - per day due to deficiency in service on the part of the respondent.

(3.) WE have heard learned counsel for the parties as well as have gone through the record of the case. The stand of Mr. Vivek Negi, learned counsel for the appellant is that his client has suffered huge loss due to late delivery of vehicle. He further submitted that his client suffered loss of Rs. 1500 per day due to non -delivery of the vehicle in time and as such the vehicle could not be plied by his client on road for about 3 months. So as per Mr. Negi, his client is entitled to the compensation as claimed in the prayer clause of the complaint. Another submission of Mr. Negi is that the spare parts of the vehicle like Maruti Alto are easily available everywhere and the respondent is not justified in giving late delivery of his car after repair and also that the car was given back to him only after he filed complaint before the Forum below.