NAVYUG MACHINERY STORES Vs. SHYAM LAL

JUDGEMENT

(1.) These two appeals (Appeal No.947 of 2000 by the manufacturer and Appeal No.949 of 2000 by the dealer) from the order of District Forum, Alwar dated 14.7.2000 made in Complaint No.1096 of 1998, arise under the following circumstances :

(2.) On 8.1.1995 Sri Shyam Lal, respondent (the 'complainant') purchased a Swaraj Mazda Truck being No. RJ-02-G-3097 from M/s. Navyug Machinery Stores, Alwar, Rajasthan (the dealer ). The said vehicle was manufactured by M/s. Swaraj Mazda Ltd. , Chandigarh, (Punjab) (the 'manufacturer' ).

(3.) On 22.10.1998 the complainant filed a complaint under Sec.12 of the Consumer Protection Act, 1986 (the 'act') before the District Forum, Alwar alleging therein that in the month of September, 1998 due to jam of the Relief Valve in the Oil Pump of the vehicle, CR Bearing No.2 had been cut and reached Crank 300, causing damage to the Engine itself, that as the vehicle had been sold to him with warranty for three years, he contacted the dealer who advised him to get the necessary repairs done at his cost and subsequently his case would be recommended to the manufacturer for reimbursement and replacement of the defective engine, that on such assurance of the dealer, he incurred an expenditure of Rs.10,000/- on the repairs of the engine and although the dealer had sent a letter to the manufacturer on 6.10.1998 in that behalf but the manufacturer did not reimburse him for the expenditure incurred by him and on 21.10.1998, the dealer also refused to replace the defective engine. He prayed for, (1) replacement of engine; (2) re-imbursement of Rs.10,000/-; (3) Rs.8,000/- for loss of business; (4) Rs.30,000/- for mental agony; and (5) Rs.2,000/- as cost of litigation.