SUKHVINDER SINGH Vs. CLASSIC AUTOMOBILE

JUDGEMENT

(1.) This order shall decide both the revision petitions filed by Sukhvinder Singh, the car owner. According to him, there was manufacturing defect in his newly purchased Indigo Dicor car on 12.02.2008 from Classic Auto Mobile Authorised Dealer, OP-1, of TATA Motors Ltd., OP-2. It is alleged that the car has manufacturing defect due to over heating of the car. Since those defects were not removed or the new car was not replaced, therefore, a complaint was filed before the District Consumer Forum.

(2.) The District Consumer Forum directed that Classic Auto Mobile Authorised Dealer would replace the vehicle of the complainant by new one with the consultation of Tata Motors, opposite party of the same price alongwith Rs.20,000/- as compensation or cost of Rs.5,000/- to be paid by the opposite party to the complainant. It further held that both the opposite parties are jointly and severally liable for the said damage.

(3.) Aggrieved by this order, the opposite parties filed first appeals before the State Commission. The State Commission accepted the appeals on the ground that the lower forum did not consider the service record and placed reliance on oral submissions. The State Commission opined that in such a case, the opinion of an automobile expert was essential. It was also observed that the car was running more than 10000 kms. In 5 months' time, over heating of car engine appears unlikely.