METRO MOTORS Vs. KRISHAN LAL AND ORS.

JUDGEMENT

(1.) THIS order shall dispose of aforementioned two appeals bearing Nos. 828 and 858 of 2014 having arisen out of common order dated August, 22nd, 2014, passed by District Consumer Disputes Redressal Forum (for short 'District Forum'), Yamuna Nagar, in complaint No. 179 of 2010 filed by Krishan Lal. Krishan Lal -complainant (respondent No. 1 herein) purchased a car, Tata Marina LX Dicor make, on May 16th, 2007, from M/s. Metro Motors -opposite party No. 1, the authorized dealer of TATA Motors, that is, the manufacturer of the car. The warranty of the car was for 18 months. The car broke down on October 6th, 2009 and the same was towed to M/s. Metro Motors, Ambala Cantt. for repairs. The vehicle was inspected by the engineers and it was noticed that all four injectors were defective due to Fuel adulteration. Since the warranty period of the car had expired, so the complainant was informed telephonically to get the car repaired on payment basis but to no response. Letters dated November 10th, 2009 and March 24th, 2010 (Annexure A and (b) were also written to the complainant but the complainant did not turn either to get the car repaired or to take the car back, rather, filed complaint under Section 12 of the Consumer Protection Act, 1986 alleging that the car was having manufacturing defect.

(2.) AFTER evaluating the evidence of the parties, the District Forum vide impugned order accepted complaint directing the opposite parties as under:

(3.) IT is not disputed that the car had broken down on October 5th, 2009 after running 75202 Kms. It is also not disputed that by then the warranty period of the car had expired. It has also come on the record that the opposite parties wrote letters Annexure -A and Annexure -B requiring the complainant to permit them to carry out the repairs against payment, the vehicle being not covered under the warranty. The complainant did not take any step to authorize the opposite parties to carry out the repairs against payment and insisted the opposite parties that the vehicle be repaired treating the same within warranty.