TATA ENGINEERING LOCOMOTIVE CO LTD Vs. ROSHNI DAHIYA

JUDGEMENT

(1.) M/s. Tate Engineering Locomotive Company Ltd. (hereinafter referred to as the 'company' ). Delhi has come up in the appeal against the order dated 14.7.95, passed by District Consumer Forum, Gurgaon, whereby complaint filed by Mrs Roshni Dahiya, claiming Rs.41,000/- as repair charges of the truck, sold by the company, has been allowed and the appellant-Company has been directed to make payment of sum of Rs.41,000/- to the complainant.

(2.) According to the complainant, she had purchased a truck bearing No. HR-38/4039,from the appellant-Company with a warranty to repair the truck free of cost within warranty period of 18 months. As Rear Axle tube become defective, the truck was taken to the complainant's workshop, but they refused to replace the same. As she had to get the tube changed from else where, by spending Rs.41,000 /-, she had filed this complaint before the District Consumer Forum, for the reimbursement of the aforesaid amount.

(3.) In its reply, the appellant-Company pleaded that firstly the complainant had purchased the truck for commercial purpose and not for her personal use or as self-employment; as such the complaint was not maintainable. Secondly, since, the complainant had herself got the chassis of the truck built up as a tanker for tipper, she had violated the terms and conditions of the warranty by effecting un-authorised modi-fications. It was on that basis the Company had refused to undertaken free repairs.