WHEELS WORLDER/ Vs. PRADEEP KUMAR KHURANA

JUDGEMENT

(1.) -OPPOSITE party is the petitioner in the revision petition and appellant in the appeal. Revision petition arises out of the proceedings under Sections 25 and 27 of the Consumer Protection Act initiated by the respondent-complainant. These proceedings under Sections 25 and 27 were initiated as the petitioner failed to comply with the order dated 18. 11. 1996 of the Himachal Pradesh State Consumer Disputes Redressal Commission whereby complaint of the petitioner was allowed. Respondent had complaint about deficiency in service on the part of the petitioner in not repairing his new Montana car and then not delivering the same for a period of 4 years. Respondent had purchased the Montana car on 22. 3. 1998 from the petitioner. On 2. 7. 1998 while the car was being taken for second free service its differential cage had broken and the car had to be towed to the workshop. While the petitioner contended that the differential cage had broken on account of accident, the respondent's case was that it was on account of technical fault. Petitioner wanted the respondent to have insurance claim. But the Surveyor appointed by the Insurance Company was of the view it was not because of accident and differential cage had broken on account of manufacturing defect. However, petitioner raised a bill of Rs. 16,000 which the respondent refused to pay as according to him damage occurred during the warranty period.

(2.) ON 4. 4. 1991 respondent filed complaint before the State Commission. During the pendency of the complaint car was delivered to the respondent on 7. 5. 1992 without charging any amount. Respondent alleged gross deficiency in service. He said he was a medical practitioner and suffered his profession on account of being deprived of the car for all this period.

(3.) STATE Commission allowed the complaint and rejected various preliminary objections raised by the petitioner-opposite party. State Commission ordered that petitioner shall pay Rs. 30,000 as compensation with interest @ 18% per annum from 2. 7. 1988 to 7. 5. 1992. State Commission also directed further interest at this very rate on the amount of Rs. 82,000 being price of the car for the same period. A sum of Rs. 3,000 was awarded as costs.