HINDUSTAN MOTORS LTD. Vs. BAHADUR SINGH

JUDGEMENT

(1.) These two Revisions Petitions have been filed assailing the order of the District Commission passed in CC/36/2006 dtd. 28/3/2008 as well as the orders dtd. 17/5/2010 passed in FA/822/2008 and FA/846/2008 arising there from whereby the order of the District Commission has been modified to an extent while maintaining the findings of deficiency in service against the Petitioners and the compensation awarded in lieu thereof.

(2.) The dispute centers around the purchase of a Mitsubishi Lancer (diesel) vehicle purchased by the Complainant/Respondent from M/s Northern Motors Pvt. Ltd., the Petitioner in RP/2853/2010 for a sum of Rs.9.00,32,829.00 in the year 2004. The vehicle was insured with the third Respondent M/s HDFC Chubb General Insurance Co. for the period 1/5/2004 to 30/4/2005. The insurance was renewed with the Oriental Insurance Co. thereafter for the period from 1/5/2005 to 30/4/2006.

(3.) According to the Complainant/Respondent, the vehicle while being driven on 7/1/2005 developed serious trouble and had several other defects of mileage and noises which according to the Complainant/Respondent had arisen during the warranty period. According to him, it was a manufacturing defect and even otherwise services rendered by the dealer for rectifying the defects suffered from deficiency in service as the vehicle never improved. Persistent problems were faced by the Complainant/Respondent and the vehicle had to be repeatedly sent for repairs for which payments were made. The trouble again occurred on 21/6/2005 when the vehicle suddenly stopped and the engine seized that had to be towed to Chandigarh to M/s Premier Motor Garage but on their advice the vehicle was again towed to Jalandhar where it was deposited with M/s Northern Motors Pvt. Ltd. where the vehicle continued to be parked. In the absence of any Redressal the complaint was filed before the District Commission and after assessment of the evidence on record, the complaint was allowed directing the replacement of the car with a new defect free vehicle upon return of the old vehicle. In addition thereto a compensation of Rs.50,000.00 was also awarded.