ASHOK LEYLAND LIMITED Vs. GOPAL KHAN

JUDGEMENT

(1.) The facts of the present revision petition are as follows. Gopal Khan, complainant purchased a tusker truck from Rajesh Motors Agency Limited, Old Industrial Area, Delhi Road, Alwar. Respondent No. 2 in this revision petition, who is stated to be an authorized dealer of Ashok Leyland Limited, the petitioner, stock manufacture of this vehicle. On 27.4.2006, the driver of Gopal Khan, complainant was taking the said vehicle to Bihar near Barohi, District Hazaribagh. The said vehicle began to spurt oil from the back cum pressure after overheating. The said vehicle was sent to the workshop of Shri Sai Sales and Services, respondent No. 3 in this revision petition. On examination of the said vehicle, it transpired that three pistons had ceased and were broken. The complainant was also informed that the block cylinder had burst which apparently occurred due to a manufacturing defect. Respondent No. 3, accordingly, kept the said vehicle in its workshop for repairing the same. The complainant had to pay bills for Rs. 96,372 and Rs. 1,470. On 1.7.2006, the complainant filed a complaint before the District Forum Alwar, Rajasthan alleging manufacturing defects in the vehicle and sought refund of Rs. 97,845 towards amount spent by him from the petitioner and respondent Nos. 2 and 3.

(2.) The District Forum allowed the claim and held that petitioner and respondent No. 2 were jointly and severally liable to pay a sum of Rs. 97,482 to the complainant. The State Commission also dismissed the appeal.

(3.) We have heard the Counsel for the petitioner. First of all, it was argued that petitioner is a businessman who was using the vehicle for commercial purposes.