TORQUE AUTOMOTIVE PVT. LTD Vs. DINESH BHANWARLAL DAGA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 9.5.2013 passed by Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (in short, 'the State Commission') in Appeal No. 3170 of 2012 Torque Automobiles (P) Ltd. Vs. Dinesh Bhanwarlal Daga by which, while dismissing appeal, order of District forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent purchased car Skoda Laura on 8.12.2010 from OP No. 1/Petitioner and made payment of Rs.13,18,000/- and took delivery of the car. This car was manufactured by OP NO. 3. Warranty card of OP No.3 was not given to the complainant. During the warranty period, service was done on 6.4.2011 and it appeared that colour of the door of the car was changing and there were other complaints. OP changed oil, lubricants etc. for which Rs.7,924/- was paid by the complainant, but payment receipt was given in the name of Mihirbhai Maheshbhai by OP No. 1. Service book of car was also not given inspite of demand and legal notice. Later on, service book was given by OP No. 1, but it was general in which Skoda Superb, Skoda Laura, Skoda Yeti was written. This service book does not bear any stamp. It appears that previously this car was sold to Mihirbhai, so service book of the car was not given to the complainant and OP followed unfair trade practice. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP No. 1 and 2/petitioners filed reply and submitted that the complainant had seen and inspected car and after being satisfied purchased the car. It was admitted that warranty book was not given at the time of delivery of the car, but car was repaired and serviced. It was further submitted that this car was first allotted to Mihirbhai, but for some reason, he had cancelled the booking, but due to mistake of the staff, name of Mihirbhai could not be deleted and bill was generated in the name of Mihirbhai. It was further submitted that now service book has been delivered to the complainant and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP No. 1 & 2 to give new car to the complainant in place of old car or reimburse amount of the car and further awarded compensation of Rs.5,000/- and Rs.2,000/- as litigation expenses. Appeal filed by the petitioners was dismissed by leaned State Commission vide impugned order against which this revision petition has been filed.

(3.) Heard learned Counsel for the petitioners and respondent in person finally at admission stage and perused record.