SANJAY Z RANE Vs. CHOWGULE INDUSTRIES PVT. LTD.

JUDGEMENT

(1.) These revision petitions arise out of single order of State Commission, hence decided by common order.

(2.) Brief facts of the case are that complainant/petitioner purchased car Zen Estilo from opposite party/respondent on 23-02-2007 for a sum of Rs.3,55,637/-. The car met with an accident on 31-03-2009 and complainant intimated to insurance company and car was towed from accident site to workshop of opposite party/respondent. Insurance company deputed surveyor. Though opposite party was advised to prepare estimate of repairs, opposite party ripped and stripped complainant's car without any authority and on query opposite party informed that repairs were commenced on instructions of surveyor though surveyor denied. Alleging deficiency on the part of opposite party complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that they gave estimate of repairs on 02-04-2009 for which survey was carried out on 14-04-2009 and subsequently fresh estimate was also given on 14.04.2009. It was further submitted that complainant verbally instructed opposite party to go ahead with the repairs of said vehicle and repair work was started on verbal approval of surveyor. Denying any deficiency on the part of opposite party prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed opposite party to replace car with new car and pay compensation of Rs. 3 lakhs and Rs.25,000/- as cost of litigation. Both parties preferred appeal before State Commission and learned State Commission vide impugned order allowed appeal of opposite party and modified order of District Forum and directed opposite party to pay compensation of Rs.73,623/- for deficiency, against which these revision petitions have been filed by the petitioner.

(3.) Heard learned Counsel for the petitioner and perused record.