GOLDLINE AUTOMOBILES Vs. DEEPEE COMPUTER FORMS PVT LTD

JUDGEMENT

(1.) The present appeal filed by the appellant under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'), is directed against order dated 6.3.2003, passed by District Forum-II, Udyog Sadan, Institutional Area, New Delhi in Complaint Case No.913/1996 - entitled M/s. Deepee Computer Forms Pvt. Ltd. V/s. M/s. Goldline Automobiles and Anr.

(2.) The facts, relevant for the disposal of the above mentioned appeal, briefly stated, that M/s. Deepee Computer Forms Pvt. Ltd. (hereinafter referred to as 'the respondent') had filed a complaint under Sec.12 of the Act before the District Forum averring therein that the respondent had given its vehicle for servicing and repair to appellant No.2 M/s. Goldline Automobiles, Golf Links, New Delhi in the third week of November, 1995 which was returned after eight days on 23.11.1995 with an assurance that the vehicle had been properly serviced and repaired. It was stated that a cheque for Rs.19,832/- was given by respondent to O. P. No.2 against Bill Nos.1495 and 1496, both dated 20.11.1995, raised by the appellant, for repairs. It was stated that the vehicle on way back from the workshop of the appellant to the godown of the respondent, situated at Kapashera, New Delhi, broke down. The above fact was brought to the notice of the appellants by the respondent but there was no response from the appellants. It was stated that thereafter a fax message was also sent on 27.11.1995 and then the appellants sent a mechanic who attended the vehicle for two days and again assured the respondent that there would be no trouble in the vehicle in future. It was stated that since the vehicle in question broke down, the respondent issued directions directing the Bank to stop payment of the cheque which was issued by the respondent for the repairs of the vehicle in question, amounting to Rs.19,832/-.

(3.) It was further stated that again on 29.11.1995 the vehicle broke down while on way to Dehradun near Muzaffarnagar (U. P. ). A fax message was sent to the appellants and on the same day after temporary repairs at Muzaffar Nagar (U. P.) the vehicle was brought to Delhi. It was stated that the appellants were again contacted with the request to depute some competent mechanic and on the request of the respondent, M/s. Goldline Automobiles (appellant No.1) deputed one Shri Deepak on 14.12.1995. The vehicle in question was got checked by appellant No.2 from M/s. Sunrise Automobiles who repaired the vehicle replacing the old parts which were returned to said Shri Deepak. It was stated that for the repairs of the vehicle the respondent had to pay a sum of Rs.18,200/- to M/s. Sunrise Automobiles. It was stated that fuel pump of the vehicle, a costly item, was taken away with the assurance that the same would be returned after due repairs. It was stated that when the pump was not returned a fax message was sent but no response was received from the end of the appellants. Thereafter the respondent had to purchase a new fuel pum for Rs.40,250/-. The respondent, in the complaint filed before the District Forum, had claimed the repair charges amounting to Rs.18,200/-, cost of fuel pump amounting to Rs.40,250/- and compensation of Rs.70,000/-, besides other expenses amounting to Rs.30,000/-. Thus, the respondent, in the complaint filed by him, had prayed that the appellants be directed to pay an amount of Rs.1,58,450/- together with interest @ 18% p. a. w. e. f.20.12.1995 till actual payment along with notice charges amounting to Rs.1,100/-. The respondent had also claimed general damages of Rs.10,000/- and cost of litigation amounting to Rs.6,500/-.