SATLUJ MOTORS Vs. SAPNA SHARMA & OTHERS

JUDGEMENT

(1.) Appellant, Satluj Motors, who was impleaded as opposite party No.1 in a complaint, under Section 12 of the Consumer Protection Act, 1986, filed by respondent No.1, Sapna Sharma, is aggrieved by the order dated 26.10.2013, of learned District Consumer Disputes Redressal Forum, Mandi, whereby it (the appellant) has been ordered to repair the vehicle, within fifteen days of the passing of the order, on payment of repair charges and has further been ordered to pay penalty at the rate of Rs.100/ - per day, in case vehicle after repair, is not delivered, within fifteen days of the order and in addition, it has been ordered to pay Rs.50,000/ -, as compensation for delaying repair work and Rs.5,000/ -, on account of litigation expenses.

(2.) Admitted facts are that respondent, Sapna Sharma, owned a car, which was insured with respondent No.3, United India Insurance Company Limited. Car met with an accident on 12.12.2011, at a place called Pandoh', near Mandi town. Intimation of accident was given to respondent No.3, with whom the car was insured. Damaged car was carried to the workshop of the present appellant at Mandi, soon -after the accident.

(3.) Respondent No.1, Sapna Sharma, filed a complaint, under Section 12 of the Consumer Protection Act, 1986, alleging that despite repeated requests made by her, car had not been repaired by the appellant and it was lying unrepaired at the appellant's workshop. It was alleged that there appeared to be some conspiracy between the appellant and respondent No.3, to delay the repair of car, as the repair charges were required to be paid by respondent No.3, being the insurer and as such under legal obligation to indemnify respondent/complainant, Sapna Sharma.