BISHAMBER NATH SIKKA Vs. TATA MOTORS LTD.

JUDGEMENT

(1.) AFORESAID two appeals arise from the order dated 4th April, 2006 passed by the District Forum whereby the appellant Tata Motors , manufacturer of the car and respondent No. 2 Him Motors Pvt. Ltd. i.e. the dealer who sold the car to respondent No. 1 have been jointly and severally held guilty for selling a defective car and given the following directions: (i) Deliver the car after repair (particularly the defect of overheating) free of charge. However, it is clarified that if battery needs replacement, it shall be done at the cost of complainant. (ii) To issue a warranty of one year free of cost in respect of repair of overheating valid from the date of delivery of vehicle. (iii) OP will not charge any amount on account of parking charges from the complainant. (iv) Both OPs will pay a sum of Rs. 2,000 as symbolical compensation to the complainant.

(2.) APPELLANT Tata Motors is aggrieved of the order itself whereas appellant Bishamber Nath Sikka i.e. the complainant is dissatisfied with the order as neither any compensation has been provided nor any order for refund of the cost of the car has been passed.

(3.) FOR the sake of convenience we will refer appellant Bishamber Nath Sikka as 'complainant' and Tata Motors as OP No. 1 and Him Motors as OP No. 2 as arraigned in the original complaint.