INDIABULLS HOUSING FINANCE LIMITED Vs. JAGDISH CHANDER

JUDGEMENT

(1.) This revision petition filed under sec. 21(b) of the Consumer Protection Act, 1986 (in short, the 'Act') assails the order dtd. 31/7/2015 of the State Consumer Dispute Redressal Commission, West Bengal, Kolkata (in short, 'State Commission') in First Appeal No. 177 of 2013 dismissing the appeal against the order of the District Consumer Disputes Redressal Forum, Darjeeling (in short, 'District Forum') in Consumer Complaint No. 32 D of 2012.

(2.) The brief facts of the case are that the petitioner purchased a Swaraj Mazda truck, registration no. WB 73 C 2348 (model 2011) on 30/9/2011 from respondent no.1 for a sale consideration of Rs.8,73,270.00 for his livelihood. As the vehicle was giving repeated trouble on account of heating of the engine, crack in chassis beam and damage to tyre, etc. and the repairs were not to his satisfaction, the petitioner sent a legal notice on 4/8/2012 to respondent no. 1 which elicited no reply. Thereafter, on 22/8/2012 respondent no. 1 repaired the vehicle but raised a bill of Rs.10,400.00 even though it was within warranty period. Petitioner, however, paid only Rs.5,000.00 under protest. Again on 21/9/2012 the vehicle had to be brought for repairs when a job card was prepared but no repair was possible due to non-availability of spares. Subsequently, respondent contacted the petitioner and offered to undertake repairs but at a higher cost as prices had escalated. The vehicle remained in the workshop till October 2012.

(3.) The petitioner was compelled to file a consumer complaint no. 32/D/12 before the District Forum, Darjeeling under sec. 12 of the Act in October 2012. Per the order of the District Forum the vehicle was handed over to the petitioner on 27/10/2012 but without any repairs being undertaken. The District Forum allowed the appeal on 18/12/2012 and directed as below: