RAM KUMAR DEWANGAN Vs. MANAGER, PAL BODY WORKS

JUDGEMENT

(1.) Challenge in these Revision Petitions, under Section 21(b) of the Consumer Protection Act, 1986 (in short "the Act"), is to the order dated 20.12.2013 passed by the Chhattisgarh State Consumer Disputes Redressal Commission at Pandri, Raipur, Chhattisgarh (in short "the State Commission") in First Appeals No. FA/13/206 and FA/13/220, preferred by the Opposite Party and the Complainant respectively. By the impugned order, the State Commission allowed the Appeal preferred by the Opposite Party and set aside the order dated 19.02.2013, passed by the District Consumer Disputes Redressal Forum at Raipur, Chattisgarh (in short "the District Forum") in Complaint Case No. 38/2009, preferred by the Complainant, Revision Petitioner herein. The Appeal filed by the Complainant was dismissed and consequently the Complaint filed by him before the District Forum also stood dismissed.

(2.) Since both the Revision Petitions arise out of the same impugned order and the parties are also same, these Revision Petitions are being disposed of by this common order.

(3.) The brief facts, as stated in the Complaint, are that the Revision Petitioner/Complainant had taken the subject vehicle to the workshop of the Respondent/Opposite Party for body repair and repair of certain other defects on 15.01.2008 and it was agreed that the vehicle would be repaired for Rs. 24,000/-, out of which the Complainant had paid the amount of Rs. 4,000/-. After 15 days, when the Complainant had visited the workshop to take his vehicle, he observed that the repair work had not even started and it was assured by the Manager of the Opposite Party that the job would start within 2-3 days. Thereafter, the Complainant visited the Opposite Party several times but found that his vehicle was kept in an open place and the chassis was also separated for last many months. The vehicle was left in dirt for the last one year, because of which the tyres, wooden plates, iron, wiring, battery etc. were damaged. The Complainant pleaded that he had sent letters dated 20.03.2008, 02.05.2008, 13.07.2008, 22.11.2008 and 01.12.2008 to the Opposite Party through his driver and also sent a legal notice to them on 30.10.2008 and 26.11.2008, requesting for early repair of the vehicle, as the non-usage of the vehicle was causing a loss of Rs. 15,000/- per month. Despite repeated visits and requests, the Opposite Party did not repair the vehicle for more than one year, because of which, the Complainant suffered lot of mental agony and loss.