KRISHNA AUTO SALES Vs. METLONIC INDUSTRIES PVT LTD

JUDGEMENT

(1.) -THIS appeal has been directed by opposite parties against order dated 23. 4. 2007 passed by Consumer Disputes Redressal Forum-II, U. T. Chandigarh (hereinafter to be referred as District Consumer Forum), vide which complaint of respondent M/s. Metlonics Industries Pvt. Ltd. was accepted and the appellants were directed to pay Rs. 50,000 on account of deficiency in service as well as mental and physical harassment, etc. , besides Rs. 2,500 as litigation expenses. They were further directed to deliver the vehicle in question on any working day between 9. 00 a. m. to 5. 00 p. m. to the respondent with prior intimation to it as the vehicle, as per letter Annexure C-6 had already been repaired.

(2.) BRIEFLY stated the facts are that M/s. Metlonic Industries Pvt. Ltd. respondent (complainant) had purchased Skoda Superb 2. 5 diesel engine car manufactured by M/s. Skoda Auto India Ltd. appellant No. 2 from its dealer i. e. appellant No. 1. Appellant No. 1 also runs its sale and service centre at Chandigarh on behalf of appellant No. 2. Respondent had taken delivery of the car on 20. 4. 2006 vide invoice Annexure C-1 after making payment of Rs. 22,36,000 to appellant No. 1. Before getting its delivery, respondent got the car insured with New India Assurance Company.

(3.) IT was next averred that Sh. Sukhdev Singh, Director of respondent firm along with his wife was returning to Chandigarh in the car in question on 2. 9. 2006 after attending some function at Jallandhar. When they started from Jallandhar it was raining. When they reached Basti Shekh Gah Mandi, Jallandhar at about 4. 00 p. m. then vehicles ahead his car were passing through the road of Basti Shekh on which there was somewhat blocked rain water but when his Skoda car moved from the said blocked rain water, then it suddenly stopped. Sukhdev Singh immediately contacted OP No. 1 and requested to depute its service engineer to rectify the defect, so that they could reach Chandigarh in time. The appellant No. 1 deputed service engineer from its Jallandhar office who reached the spot after several hours and he tried to restart the car but it could not be started and then service engineer told Sukhdev Singh that the vehicle had to be towed and had to be taken to service centre for necessary repairs and accordingly it was taken to their workshop on the same day i. e. 2. 9. 2006 and they had to spend night at Jallandhar in a hotel and paid Rs. 3,836 as expenses. The job card dated 2. 9. 2006 Ex. C-2/a was prepared in which signatures of Sukhdev Singh were obtained and appellant gave estimate of repairs to the tune of Rs. 3. 5 lacs. He had made clear to the appellants that the car was still within warranty and they were supposed to repair the car without any charges. Sukhdev Singh also gave information to the insurer of the car who deputed its Surveyor and completed formalities. However, appellant No. 1 failed to repair the car, although a period of one month had elapsed and ultimately told that it would be given to him after repairs on 3. 11. 2006.