LAWS(NCD)-2016-5-69

M/S TATA MOTORS LTD.,MARKETIN AND CUSTOMER SUPPORT PASSENGER CAR BUSINESS UNIT 26, FLOOR CENTER NO.1, WORLD TRADE CENTER CUFFE PARADE MUMBAI Vs. SHARAD & ANR. S/O. KAXMAN KONARADDY NO.99 SILVER TOWN GOKUL ROAD HUBLI

Decided On May 19, 2016
M/S Tata Motors Ltd.,Marketin And Customer Support Passenger Car Business Unit 26, Floor Center No.1, World Trade Center Cuffe Parade Mumbai Appellant
V/S
Sharad AndAmp; Anr. S/O. Kaxman Konaraddy No.99 Silver Town Gokul Road Hubli Respondents

JUDGEMENT

(1.) This revision petition has been filed by M/s. Tata Motors Ltd., petitioner against the order dated 21.5.2009 of the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short ‘the State Commission).

(2.) Brief facts of the case are that on 25.09.2006 complainant purchased Tata Indica car for a sum of Rs.3,87,835.00 bearing Registration No.KA-25/N-6266 with Chassis No. 605121JTZPD4969 and Engine No. 475DT15JTZPD 3938. On 04.10.2006, the complainant approached the dealer with complaint of tyre as there was air bubble in the tyre and the same was replaced under warranty. On 13.01.2007, the vehicle was brought to OP-2 workshop with a complaint that there was noise in the door and so the same was replaced under warranty. On 14.02.2007, the vehicle availed 2nd Free Service when it had run 10000 Kms. On 6.07.2007, the vehicle availed 3rd Free Service as per the Operators manual. The vehicle was brought to the service station for removal of different defects/problems on 18.07.2007, 28.07.2007, 29.08.2007, 17.09.2007, 22.09.2007, 31.01.2008, 19.03.2008, 15.04.2008 and 22.04.2008 when the vehicle had covered from 20,588 Kms. To 36,278 Kms. The respondent No. 1 filed a consumer complaint on 26.04.2008 before the District Consumer Disputes Redressal Forum, Dharwar, (in short ‘the District Forum).

(3.) The District Forum vide its order dated 7.10.2008 allowed the complaint as under:-