TATA MOTORS LIMITED Vs. SANT BAHADUR SINGH

JUDGEMENT

(1.) BOTH these Appeal Nos. 857/05' by the manufacturer and the dealer of Tata Vehicles and No. 1135/05 by Tata Finance Ltd. , heard as connected matters, arise from the order dated 9. 3. 2005 passed by District Consumer Disputes Redressal Forum, Rewa in C. C. No. 145/98.

(2.) FOR the purpose of this order respondent No. 1-Sant Bahadur Singh in both the appeals shall be referred as complainant, while appellants-Tata Motors Ltd. , Commercial Automobiles and Tata Finance Ltd. shall be referred as opposite party Nos. 1, 2 and 3 respectively.

(3.) THE dispute pertained to a 407 truck manufactured by opposite party No. 1 and made available to complainant on hire purchase basis on 14. 6. 1995 by opposite parly No. 3 through opposite party No. 2-dealer. The grievance of the complainant before the District Forum was two fold : one, that the chassis of the tractor developed crack within the warranty period, but the same was not replaced by the opposite parties and two, 'that the truck was wrongly repossessed and illegally sold by opposite party No. 3-Finance Company. The complaint was resisted by the opposite parties through two separate written statements and preliminary objection as to the tenability of the complaint on the grounds that truck in question was purchased for commercial purpose and that there being arbitration clause in the hire purchase agreement the complaint was not maintainable. However, the Forum below over-ruled both the objections and upheld the complaint of the complainant directing all the opposite parties to provide to the complainant a new truck of the same capacity and also pay to him compensation Rs. 10,000 , besides cost Rs. 1,000.