TATA ENGINEERING & LOCOMOTIVE CO Vs. HOJEF VANAK

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 31.12.2001 in Complaint No. 11/2001 by District Consumer Disputes Redressal Forum, Bilaspur (hereinafter called the District Forum for short), directing the appellant to pay to the complainant/respondent Rs. 4,96,960/ - with interest @ 10% p.a., payable from 1.7.2000.

(2.) INDISPUTABLY appellant No. 1 is the manufacturer of Tata Motor Vehicles, while appellant No. 2 is its dealer at Bilaspur. The complainant/respondent purchased a Car Tata Sierra on 29.3.1990 from appellant No. 2 for Rs. 4,96,960/ -. The warranty of the said vehicle was for one year.

(3.) THE averments in the complaint in substance were that the said vehicle developed defects almost from the time of purchase. Its blower fell down, which was subsequently welded. However, it again broken down, the body shell cracked, its colour faded, fuel motor and shockups also developed defects. There was noise from the engine and the body. According to the complainant/respondent, though he approached the appellant No. 2 dealer for removal of the defects as above several times, the defects could not be rectified and continued to trouble the complainant/respondent. He, therefore, prayed that the said vehicle be directed to be replaced or in the alternative the price thereof paid to appellant No. 2 be directed to be refunded to him and that compensation be also awarded.