CHAITANYA EDUCATIONAL SOCIETY Vs. MANAGER, EICHER MOTORS LTD

JUDGEMENT

(1.) This revision petition has been filed by the petitioners against the order dated 1.7.2013 passed by the A.P. State Consumer Disputes Redressal Commission, Hyderabad (in short, 'the State Commission') in Appeal No. 204/2012 The Manager, Eicher Motors Ltd. Vs. Chaitanya Educational Society & Ors. by which, while allowing appeal partly, order of District Forum allowing complaint was modified.

(2.) Brief facts of the case are that complainant/petitioner purchased a school bus AP-26X8346 from OP NO. 2/Respondent No. 2 manufactured by OP No. 1/Respondent No.1 on 77.2007 for a sum of Rs.7,35,659/- with 3 years warranty. Just after delivery, complainant found some defects in the bus and informed OP No. 2 and OP No. 2 advised complainant to approach OP No. 3/Respondent No.3. Complainant approached OP No. 3 who attended the bus. Later on, complainant found more defects in the vehicle and OP No. 2 attended defects, but just after covering 2000 kms. vehicle gave many troubles and complainant approached OP's workshop several times, but defects could not be removed. OP No. 3 asked complainant to bring the vehicle in his workshop and complainant kept his vehicle with OP No. 3 on 28.5.2009, but upto 19.6.2009, there was no response. Alleging deficiency on the part of OPs, complainant filed complaint before District Forum. OPs resisted complaint, admitted sale of vehicle, but submitted that warranty for 3 years was for engine and gear box and 12 months for rest of the vehicle. It was further submitted that vehicle was delivered on 7.7.2007 and complainant did not inform OP about water leaking from ceiling and unequal paint in the vehicle at the time of delivery. After running 3005 kms, complainant brought the vehicle complaining about steering vibration which was rectified. It was further submitted that every time complainant got vehicle serviced after running more than required kilometres. It was further submitted that vehicle was running in rural area on Katcha road, so, tyres developed heavy wear and tear and there was no manufacturing defect in the vehicle and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP jointly and severally to refund repair charges of Rs.61,405/- and to pay Rs.1500/- for to and from of the vehicle and Rs.20,000/- for mental agony and Rs.2,000/- as costs. Appeal filed by the OP was partly allowed by learned State Commission vide impugned order directed OPs to check the school bus and pay amount of Rs.5,000/- against which this revision petition has been filed by the complainant along with application for condonation of delay.

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