HONDA CARS INDIA LTD Vs. JATINDER SINGH MADAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 16.04.2012 passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, 'the State Commission') in Appeal No. 302 of 2007 Jatinder Singh Madan Vs. Honda Cars India Ltd. by which, while allowing appeal, order of District Forum dismissing complaint was set aside.

(2.) Brief facts of the case are that Complainant/Respondent No. 1 Proprietor of G.N. Associates purchased Honda Seil GXI Car No. PB-02-AP-8283 from OP No. 2/Respondent No. 2 manufactured by OP No. 1/Petitioner on 16.9.2005 and price of the Car was paid and there was warranty of 24 months or 40,000 kmts. whichever is earlier. It was further alleged that after its first service at 1000 kms. Power steering of the car jammed and became heavy which was repaired by OP No. 2. Again after few days some problem occurred and car was delivered after 9 days after replacement of steering wheel and gear box assembly. Same fault developed again after 11/2 months and steering wheel and gear box assembly was replaced. 4th time on 14.1.2006 and 5th time on 15.2.2006 same fault occurred. In such circumstances, complainant insisted for replacement of car, but OP refused. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OPs resisted complaint and submitted that no technical/expert evidence has been led by the complainant to prove manufacturing defect. It was further submitted that default may be due to mishandling and rough driving by the complainant. It was further submitted that complaint involves disputed questions of law and fact which can be decided only by Civil Court; hence, prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint as car was registered in the name of M/s. G.N. Associates whereas complaint was filed by Jatinder Singh Madan. Appeal filed by the complainant was allowed by the State Commission by impugned order and directed petitioner to replace the steering wheel and gear box assembly and other connected parts and further awarded compensation of Rs.1,00,000/- for mental agony and Rs.10,000/- as litigation expenses against which, revision petition has been filed.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.