ASHWANI KUMAR Vs. FORD INDIA PVT LTD

JUDGEMENT

(1.) THERE is delay of 56 days' in filing this revision petition. The delay is hereby condoned for the reasons stated in the application for condonation of delay, subject to just exceptions.

(2.) SH . Ashwani Kumar, the complainant, purchased a car from Ford India Pvt. Ltd., OP1, through M/s. AB Motors (P) Ltd., Patiala, OP2, which is authorised agent of OP1, on 04.04.2006, for a consideration of Rs. 7,21,000/ - Rs.3,500/ - for accessories, taxes, etc., and Rs.24,902/ - as insurance premium. OP2 gave a warranty of 12 months' of free service.

(3.) ON 24.06.2006, when the car had run only about 1426 kms., the complainant realised that it suffered from inherent problems, like, starting trouble, starting of engine with unwanted noise giving intensive smoke from the exhaust. A complaint was lodged with OP2, immediately. M/s. Bhagat Ford, OP3, deputed a Mechanic who checked the car and assured that their Engineers would come back, but they did not turn back. In the evening, the complainant took the car to OP2's Workshop by towing and informed them that there appears to be a major defect. On 26.06.2006, a casual checking was done by the Service Engineer and the complainant was informed that it would take some time to rectify the defect which had developed in the car. The car was accordingly kept in the workshop. On 26.06.2006, in the evening, the complainant went to take the delivery of the car, but was surprised to see that the engine of the car had been opened, without his consent. Upon his protest, the OP3 refused to rectify /remove the defect on the pretext that flood water had entered into the air filter and had got mixed with the engine oil and blamed the complainant for running the car in flood water. However, the case of the petitioner is that there were no heavy rains during that year. OPs 1 to 4 advised the complainant to file a claim before ICICI Lombard General Insurance Co. Ltd., OP5. The OP5 repudiated the claim of the complainant, vide its letter dated 24.08.2006. Its extract runs, as follows : -