HIRA LAL Vs. MGF TOYOTA GURGAON

JUDGEMENT

(1.) HIRA Lal, the complainant/petitioner purchased a car -Toyota Innova Model DLX 1, Grade G1 -D, Super White bearing registration No. HR -55 D -2633 from MGF Toyota Gurgaon Capital Vehicles Sales Ltd. on 26.12.2005. The complainant went to Jaipur on 31.12.2005 by the said car and it transpired that car was emitting heavy black smoke. The complainant came back to Delhi and lodged a complaint with the opposite party. On 17.1.2006, the opposite party checked up and effected the necessary repairs. On 17.3.2006, the vehicle again started emitting black smoke. Till then the car had covered a mileage of 5348 km. It also came to light that the vehicle was giving low average and the fuel consumption was excessive. On 24.3.2006, the vehicle was returned to the petitioner with the assurance that the defects had been rectified. The problem of emitting smoke again started on 18.7.2006. Till then the vehicle had covered a mileage of 10000 kilometers. According to the complainant, the respondent admitted that there was some major problem and took photographs on black smoke. However, those defects continued. On 13.5.2008, the vehicle had covered 40000 kilometers. The opposite parties had changed some parts like converter etc. but the said defects persisted. The opposite party did not take any concrete action.

(2.) THE petitioner filed a complaint before the District Forum, Gurgaon and prayed for replacement of the car in question or refund of the price of the car with interest at the rate of 18% p.a. besides payment of compensation in the sum of Rs.2 lakh towards mental agony, harassment etc. The petitioner also filed an expert report prepared by Pal Enterprises dated 16.10.2009, who after examining the vehicle opined that engine of the car has inherent manufacturing defect and only remedy was replacement of the same. As prayed by the respondent, car was produced before the respondent and they also submitted the expert report on 19.8.2010. District Forum directed the opposite party to replace the car or refund the price of the car to the complainant with costs of Rs.25,000/ -.

(3.) AGGRIEVED by this order, the present revision petition has been filed. We have heard the learned counsel for the parties. Learned counsel for the complainant has invited our attention towards the report dated 16.10.2009 given by Pal Enterprises. In his report, he has explained that engine is consuming more diesel and mobil oil than that being consumed normally and developing less horse power. He further opined that 'on his minute examination, he found that the engine in question is of 4 cylinders Vertical -In -Line Type but due to above smoky gas emission fault in the engine, he concluded that the engine has got Inherent Manufacturing Defect. The 4 cylinders in the block of engine supposed to be Vertical -in -Line are not exactly vertical -their bores are not perpendicular to the surface of the block and the crank shaft of the car. They are somewhat misaligned from vertical line.