LAWS(NCD)-2006-5-126

AJMER SINGH SAINI Vs. SWAMI AUTO SALES

Decided On May 04, 2006
AJMER SINGH SAINI Appellant
V/S
SWAMI AUTO SALES Respondents

JUDGEMENT

(1.) This is an appeal filed by the complainant against order dated 27.10.2005 passed by the District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter to be referred as District Forum) vide which his complaint was dismissed being meritless.

(2.) The case of the appellant (complainant) is that the appellant purchased a Mahindra 3 Wheeler cowl and chassis from M/s. Swami Auto Sales (respondent No.1) vide sales invoice No.119 dated 26.2.2003 (Annexure C-1) to earn his livelihood for Rs.1,51,000 out of which Rs.1,25,500 were financed by M/s. Mandm Financial Services Limited (respondent No.2 ). The loan amount was to be paid in instalments. After getting the delivery of the chassis, the complainant got body fabricated at a price of Rs.15,500 on 17.3.2003 and started plying the three wheeler for transporting vegetables and selling the same at different places. However the vehicle from the very beginning was not giving proper service and broke down for the first time near Parwanoo and he had to shell out Rs.1200 to get it repaired.

(3.) On 2.4.2003, the complainant visited the workshop of respondent No.1 and brought to its notice the fact of break down and heating of the rear brakes and locking of the rear wheels but they did not attend to the vehicle. The vehicle again started giving trouble on 17.6.2003. The diesel fuel pump was not properly working and the back gear could not be applied and the vehicle got stranded at Baddi. Again he had to spend Rs.880 and he went to the workshop of respondent No.1 on 4.7.2003 and complained about the non-functioning of the vehicle but they did not pay any heed to his request and instead sent him away after routine service.