LAWS(NCD)-2013-12-4

HIND MOTOR (I) LTD Vs. LAKHBIR SINGH

Decided On December 02, 2013
Hind Motor (I) Ltd Appellant
V/S
LAKHBIR SINGH Respondents

JUDGEMENT

(1.) Above noted revision petitions arise out of common order dated 29.4.2008 passed by State Consumer Disputes Redressal Commission, Chandigarh (for short, 'State Commission ') in Appeals No. 1033 and 1007 of 2007.

(2.) Brief facts are that Respondent no.1/Complainant had purchased Tata Safari bearing Registration No.PB-12-H-7840 from Hind Motors India Ltd./Petitioners in (R.P. No.2790 of 2008) on 2.1.2006 for an amount of Rs.12,70,000/-. The vehicle was manufactured in July, 2005. There was manufacturing defect in the said vehicle and it was old as well as used vehicle. Immediately after its purchase, the vehicle started developing technical snags. It was brought to the notice of the petitioners. The vehicle was taken to the workshop of the petitioners 15 days after it was purchased. It was checked by the Engineer of the petitioners who noticed some manufacturing defect in the vehicle. However, the defects could not be removed. Then respondent no.1 took the vehicle to the workshop of the petitioners on 29.8.2006 and the vehicle was handed over to them. The petitioners issued the Job Card with estimate repair amount as Rs.2,25,000/-. It is alleged by respondent no.1 that he was harassed by the petitioners for about 8 months by giving defective vehicle. Respondent no.1 sent letter dated 6.12.2006 to Tata Motors/Respondent no.2 in (R.P. No.2790 of 2008) who is Petitioner in (R.P. No.4345 of 2008) requesting for the change of vehicle. In response, petitioners sent a letter dated 12.12.2006 pointing out that some alterations were got made from unauthorized dealers by respondent no.1 in the vehicle.

(3.) Thereafter, respondent no.1 filed a complaint against the petitioners and Tata Motors in the District Forum, Ropar seeking replacement of the vehicle or refund of the price of the vehicle with interest @ 18% p.a. besides the amount of compensation and costs.