LAWS(NCD)-2016-10-27

RAJENDER SINGH Vs. TATA MOTORS PASCO & ANR.

Decided On October 21, 2016
RAJENDER SINGH Appellant
V/S
Tata Motors Pasco And Anr. Respondents

JUDGEMENT

(1.) Revision petition no. 2361 of 2012 has been filed against the judgement dated 29.02.2012 of the Haryana State Consumer Disputes Redressal Commission, Panchkula ('the State Commission') in First Appeal no. 1431 of 2011.

(2.) The facts of the case as per the petitioner/ complainant are that the petitioner purchased truck no. HR 47 4776 from respondent no.1, i.e., Tata Motors PASCO in the month of January 2007. The said vehicle started giving problems, the petitioner took the vehicle to respondent no. 2, i.e., Abhishek Automobiles, who is running the authorised workshop of TATA Motors. The problem could not be solved by them at that time. The petitioner approached respondent no. 2 several times regarding the defects but the defects could not be repaired or rectified or removed. The petitioner spent more than Rs.50,000/- to carry out the repairs from different places. The petitioner suffered financial loss to the tune of Rs.4-5 lakh besides mental agony and harassment. The petitioner got issued legal notice dated 22.01.2008 but the respondents did not reply. Thus there was deficiency in service on the part of the respondents.

(3.) On notice being issued, Respondent no.1, contested the case raising the plea that, if any, manufacturing defect in the vehicle, respondent no. 1 was not liable. Thus, there was no deficiency in service on the part of the OPs.