FIAT INDIA PVT. LTD. Vs. SYED HASAN BUKHARI

JUDGEMENT

(1.) The present Revision Petition has been filed before this Commission under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 27.11.2013 in Appeal No. 615/2010 passed by the State Consumer Disputes Redressal Commission (in short, 'State Commission'). The State Commission allowed the Appeal filed by the Appellant and modified the order passed by the District Consumer Disputes Redressal Forum, (in short, 'District Forum') in Complaint No Consumer Complaint 299 of 2006 dated 21.11.2013.

(2.) This Revision Petition pertains to manufacturing defect, and the question arises that who will be liable whether the manufacturer or the dealer. The Complainant purchased Fiat Palio Car on 23.02.2002 from the dealer M/s Vivek Automobiles (OP-2) who was the dealer of the car manufacturer M/s Fiat India, OP-1. On 09.04.2002, the Complainant noticed defects for which the Complainant approached OP on the same day i.e. on 09.04.2002 then on 13.06.2002 and thereafter on 29.07.2002, 08.08.2002, 23.09.2002, 06.10.2002, and two more times and then on 20.11.2002, 2811.2002, 16.12.2002, 14.04.2003, 30.10.2003, 16.12.2003, 29.12.2003, 16.01.2004, 19.05.2004, 28.05.2004, 25.07.2004, 05.03.2005, 08.03.2005, 13.03.2005 and finally on 27.05.2005. The Complainant took the car to the authorized garage at OP-2 for removal of defects. The car was serviced for 6 times but no satisfactory results the defects continued to persist. The Complainant took 2 years extended warranty. Once at the instance of OP-2 the Complainant took the car to inter workshop namely "Dynamic Automobiles" in Noida for removal of defects which cannot be rectified there as well. Due to malfunctioning of the car, the Complainant met with an accident to but escaped unhurt. Hence, alleging the deficiency in service and unfair trade practices. The Complainant filed a complaint before the District Forum with a prayer that OPs be directed to refund complete amount paid, and also compensation for mental agony and cost.

(3.) The District Forum allowed the complaint and passed an order dated 21.06.2010 awarding an amount of Rs.40,000/- to the Respondent No. 1 as compensation on account of harassment and mental agony and cost of litigation.