TEK SINGH Vs. ASHOK LEYLAND CO LTD

JUDGEMENT

(1.) BOTH these appeals, under Section 15 of the Consumer Protection Act, 1986 arise from order dated 14.8.2002 in Complaint No. 317/1997 of District Consumer Disputes Redressal Forum, Raipur (hereinafter called the District Forum for short) directing the opposite parties to pay to the complainant compensation of Rs. 46,283/ - with interest @ 12% per annum. Both the appeals are being disposed of by this common order.

(2.) UNDISPUTABLY the complainant Tek Singh (appellant in Appeal No. 932/2003) purchased a Ashok Leyland Tuskar Turbo Tractor 3516 on 28.2.1995 from M/s. M.P. Diesel Engineering Pvt. Ltd. Raipur (appellant No. 2 in Appeal No. 921/2003). M/s. Ashok Leyland Co. Ltd., (appellant No. 1 in Appeal No. 921/2003) is the manufacturer of the said vehicle. Mahesh Auto Garage (respondent No. 2 in Appeal No. 921/2003) is the authorised Service Agent of M/s. Ashok Leyland Co. Ltd., (appellant No. 1 in Appeal No. 921/2003). The appellant Tek Singh obtained finance of Rs. 4,80,000/ - from M/s. Sundaram Finance Ltd., which was paid by the said finance company to the Dealer M/s. M.P. Diesel Engg. Pvt. Ltd.

(3.) THE averments of the complainant were that the warranty on the said vehicle was for a period of 12 months or running of the said vehicle for 64000 kms. It was averred that as the vehicle developed defect the complainant reported to the dealer M/s. M.P. Diesel Engg. Pvt. Ltd., on 17.5.1995, whereupon the authorised service centre repaired it. However, the said vehicle was handed over to the complainant after repairs after a delay of 25 days. It was further averred that on 17.12.1995 the vehicle again developed defect upon which the complainant brought the vehicle to the authorised service centre Mahesh Auto Garage, who informed the complainant that the engine head of the vehicle had cracked and piston has broken down. Intimation of damage to the vehicle was given to the dealer which directed the service centre to repair the vehicle under the warranty. However, the said repairs took about 2 months. Further the authorised service centre charged from the complainant Rs. 13,185/ - as the price of the parts which were required to be changed. It was further averred by the complainant that the said vehicle again developed defect on 3.10.1996 upon which it was taken to the workshop of is dealer M.P. Diesel Engg. Pvt. Ltd., where it was discovered that the authorised service centre i.e., Mahesh Auto Centre did not in fact replace the engine, but it was welded at two places. The vehicle was again repaired and was handed over to the complainant on 11.12.1996 with a delay of 68 days. It was averred that the dealer recovered Rs. 3,098/ - for change of spare parts.