JASWANT SINGH Vs. HUTCH

JUDGEMENT

(1.) This appeal is by complainant whose complaint (No.288/2004) has been dismissed by the District Consumer Disputes Redressal Forum, Satna vide its order dated 22.9.2005.

(2.) Respondent No.1-M/s. Fauzdar Motors is the authorized service station of respondent No.2-TELCO manufacturer of Tata vehicles. Complainant had on 29.11.2001 purchased a second-hand Tata Indica car of 1999 model having already run for 25000 kms. Admittedly, he had delivered the said car at respondent No.1-Service Station in November 2003 for service and repair. Respondent No.1 carried out repair work and charged Rs.10,186 towards cost of new parts, Rs.8,099 as labour charges, besides Rs.843 for change of engine oil and coolant. The complainant was also required to bring some more parts from the market as the same were not available with respondent No.1, at the cost of Rs.16,914. He also paid Rs.5,000 separately for electrical work. It appears that the vehicle was taken to respondent No.1 workshop again in the months of March, April and May , 2004.

(3.) The grievance of the complainant before the Forum below was that despite aforesaid work and payments, the problem of over-heating of the engine persisted and could not be rectified. It is further alleged that on 27.5.2004 when the vehicle was delivered back to the complainant, respondent No.1 retained with it the audio tape, audio cassettes ten in number and tools, worth Rs.15,000. The vehicle it is contended, is still suffering with the said problem. The complainant thus alleged deficiency in service on the part of respondents and claimed refund of his amount paid by him to respondent No.1, return of his said articles and compensation Rs.50,000. According to the complainant, respondent No.1 being authorized service agent of respondent No.2, both the respondents are jointly and severally liable to compensate him.