ASHOK LEYLAND LTD Vs. SUSHAMLATA & ORS

JUDGEMENT

(1.) This revision petition has been filed by petitioner against order dated 4.1.2008 passed by State Commission in Appeal No. 207/2005 Smt. Sushamlata Vs. Punjab Motors & Ors.; by which while allowing appeal, order of District Forum dismissing complaint was set aside.

(2.) Brief facts of the case are that Narinder Kumar, husband of respondent No. 1 purchased Ashoka Leyland Cargo 1512 bearing chasis No. CBR 119261 on 7.7.2000 from opposite party No. 1/ respondent No. 2 which was manufactured by opposite party No. 2/ petitioner and was financed by opposite party No. 3/ respondent No. 3. Just after purchase, there was defect in fuel pump of the truck and was having starting problem and was giving low mileage. Defects were brought to the notice of opposite party No. 1 but in spite of carrying out repairs and replacement of fuel pump, oil tanker was giving problems and was not road worthy so complainant stopped plying the vehicle. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that complainant purchased 2nd vehicle for earning additional profit so he does not fall within the purview of 'consumer'. It was further pleaded that District Forum had no territorial jurisdiction and also denied any manufacturing defect in the vehicle. It was further pleaded that fuel pump of the engine was replaced by opposite party with new one free- of -charge and defect in the engine occurred due to use of non-genuine filters and prayed for dismissal of complaint. Learned District Forum allowed complaint and directed opposite party to pay Rs. 2,71,000/- with interest. Appeal filed by opposite party was allowed and matter was remanded back to District Forum. Learned District Forum vide order dated 17.3.2003 dismissed complaint for want of territorial jurisdiction. Complainant filed appeal before State Commission which was allowed by order dated 26.7.2004 and complaint was remanded back to District Forum. Learned District Forum after hearing both the parties dismissed complaint. Complainant filed appeal before State Commission and in the meantime, respondent No. 1 was substituted as complainant died. Learned State Commission after hearing both the parties allowed appeal and directed opposite party No. 1 & 2 to pay Rs. 2.00 lakhs with 12% p.a. interest and further directed to pay Rs. 25,000/- towards mental agony, Rs. 20,000/- as punitive damages and Rs. 10,000/- as costs against which this revision petition has been filed.

(3.) None appeared for respondent No. 2 even after service and he was proceeded exparte.