MOTI LAL Vs. TATA ENGINEERING LOCOMOTIVE COMPANY LTD.

JUDGEMENT

(1.) The petitioners/complainants purchased a truck, manufactured by the respondent no. 1, Tata Engineering Locomotive Co. Ltd., from the respondent no. 2, Union Motors on 18.10.1997. During the warranty period of the vehicle its chassis cracked and was replaced by the respondent on 24.04.1999. Since the chassis cracked again, the complainants/petitioners took the truck to the workshop of the respondent no. 2, who refused to replace the chassis free of cost. Being aggrieved, the complainants/petitioners approached the concerned District Forum by way of a complaint.

(2.) The complaint was resisted by the respondents primarily on the ground that the chassis had cracked for the second time on account of unauthorised modifications carried out by the petitioners/complainants in the vehicle. It was also pointed out that though the truck had been driven for more than 71000 kms, not even once it was got serviced from an authorised workshop.

(3.) The District Forum, vide its order dated 30.01.2009, held that the chassis had cracked on account of modification carried out by the complainants and, therefore, dismissed the complaint.