D R ARORA Vs. SURJEET SINGH

JUDGEMENT

(1.) COMPLAINT of the appellant seeking compensation to the tune of the cost of the car, along with interest and damages for inconvenience and harassment caused to him by the respondent, to whom he gave the car for minor repairs namely change of gasket, but instead he dismantled the car by removing the tyres, stepney and other spares and reducing it to a junk, was dismissed vide impugned order dated 2.8.2000 passed by the District Forum. Feeling aggrieved the appellant has directed this appeal.

(2.) THERE is no dispute that the car was given to the respondent who was running a workshop for repairs. As regards the allegation of the complainant for reducing the car to a junk by removing the tyres, stepney and other spare parts of the car the respondent has taken the stand that the appellant was told by him that the engine head was leaking as it had some manufacturing defect and it involved heavy expenditure and since during the last 3 -4 years he had been repairing his car and a bill amounting to Rs. 50,000/ - had remained unpaid he had told the complainant that he would not be allowed to remove the car unless he paid his bill. So much so the respondent also told him that he was spending Rs. 50/ - per day as parking charges for keeping the Chowkidar.

(3.) THE version of the appellant was rejected by the District Forum on the premise that if the tyres, stepney and other spares of the car were removed by the respondent he would have made a written complaint with the police which he did not. On the other hand the respondent filed two letters one from Shri Gurpreet Singh and other from Shri Rajesh Dhawan residents of Pitam Pura stating that the tyres and battery, etc. were removed by the appellant himself. The aforesaid two letters were produced by the respondent after the proceedings before the District Forum were concluded and the matter was at the final stage. The car which was given to the respondent in the year 1996 is still lying with the respondent.