S.RAJA MOTORS Vs. KALU KHAN

JUDGEMENT

(1.) The present revision petition under section 21 (b) of the Consumer Protection Act, 1986 ( for short, the Act) has been filed against the order dated 08.01.2014 of Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench at Jodhpur ( for short, 'the State Commission') in Appeal No. 232 of 2011 whereby appeal of respondent ( hereinafter referred to as 'complainant') was allowed and order dated 22.09.2011 of the District Consumer Disputes Redressal Forum Kodhpur, Rajasthan in CC No. 832 of 2007, was modified and besides the money for which the alleged motorcycle was insured, the State Commission had directed the petitioner to pay the entire consideration amount i.e, purchase price of the subject motorcycle.

(2.) The brief facts of the case are that complainant had purchased the motorcycle through petitioner on 05.04.2006. It was giving the problem since beginning. However, on 07.07.2007, since the motorcycle was not functioning properly, the same was brought to the service station of the petitioner and gate pass was issued. The petitioner has admitted that on examination of the motorcycle, it was found that there was problem in the handle lock and fuel release as the soil particles were found present in the oil due to which, problem occurred in cylinder block and crank, which was the reason motorcycle was releasing oil. The case of the complainant was that since the motorcycle was covered under the guarantee period, the petitioner who was the authorised dealer of the manufacturer of motorcycle i.e. opposite no.2 ( before the District Forum) ought to have repaired the vehicle. The petitioner did not repair it and motorcycle kept lying in the service station of the petitioner. On 09.12.2009, there was a fire in the service station of the petitioner and his property alongwith motorcycle were destroyed. The petitioner put up his claim before the insurance company with regard to all the articles including the motorcycle which were destroyed in the fire and he received the insured amount, which amount also included the insured amount of the motorcycle. These facts are admitted facts.

(3.) On the basis of these admitted facts the District Forum issued the following directions: