SEELAM SRINIVASA CHENCHI REDDY Vs. ASHOK LEYLAND LTD.

JUDGEMENT

(1.) This revision petition under Sec. 21 of the Consumer Protection Act, 1986 (in short, the 'Act') assails the order dtd. 14/6/2017 in First Appeal No. 719 of 2014 of the State Consumer Disputes Redressal Commission, Telangana, Hyderabad (in short, the 'State Commission') arising from the order dtd. 17/11/2014 of the District Consumer Disputes Redressal Forum-III, Hyderabad (in short, the 'District Forum') in Consumer Complaint no. 462 of 2013.

(2.) The facts, as per the petitioner, are that he had purchased a Tipper (Model 2013) on 31/3/2013 from the respondent by paying Rs.16,00,879.00 but had been delivered a 2012 model vehicle by the respondent for which Rs.50,000.00 was required to be refunded. The vehicle had various problems and he had complained about this by email on 10/5/2013 and 18/5/2013. On 30/4/2013 the vehicle stalled due to air lock. According to the petitioner, the cause for the air lock was the ram foundation collapse at sub frame junctions resulting in crushing of the diesel main pipe. On 2/5/2013 the vehicle was taken to Aslali Workshop, nearly 150 km away where the mechanic opined that there was a manufacturing defect. The vehicle was in the workshop till 9/5/2013 which resulted in loss in income as he could not use the vehicle. His complaint before the District Forum was allowed on contest and Rs.2,00,000.00 awarded towards punitive damages, Rs.1,00,000.00 towards compensation and Rs.2,000.00 towards costs. On appeal, the State Commission set aside the order of the District Forum holding that the petitioner herein had failed to prove that the vehicle had any manufacturing defect or that it was lying idle in the workshop from 1/5/2013 to 30/6/2013 and that the loss on account of this amounted to Rs.2,00,000.00. This order is impugned before us on the grounds that the State Commission erred in not appreciating that the vehicle's presence in the workshop was established by the fact that a customer's copy of a document dtd. 23/5/2013 issued by it was on record and that the financier/Hinduja Leyland authorized, vide its letter dtd. 1/4/2014, the taking over of possession of the vehicle from the parking yard of Aslali workshop on account of default in payment.

(3.) I have heard the learned counsel for the parties and given thoughtful consideration to the material on record.