BAJAJ ALLIANZ INSURANCE CO LTD Vs. SUKHBIR KAUR & 2 ORS; GENERAL MOTORS INDIA PVT LTD; ARYMAN AUTOMOBILES

JUDGEMENT

(1.) Challenge in this Revision Petition, under Section 21(b) of the Consumer Protection Act, (in short "the Act"), is to the order dated 25.9.2012, passed by the State Consumer Disputes Redressal Commission, Haryana, Panchkula (in short "the State Commission"). By the impugned order, the State Commission has allowed the Appeals preferred by the Dealer and the Manufacturer with a direction to the third Opposite Party, namely, the Insurance Company to pay all the expenses incurred by the Complainant on repair of the vehicle.

(2.) For the sake of convenience, Opposite Party No.1 is hereinafter referred to as the dealer, Opposite Party No.2 as the manufacturer and Opposite Party No.3 as the Insurance Company.

(3.) The brief facts material to the case, are that the Complainant purchased one Optra Magnum vehicle manufactured by the second Opposite Party for a sum of Rs. 10,15,000/- on 29.11.2007 covering a warranty period of two years or 50000 Kms., whichever is earlier. The vehicle was sold by the Opposite Party No.1 & 2, i.e., the dealer and the manufacturer and insured through the third Opposite Party, i.e., Bajaj Allianz General Insurance Company Ltd. under a cashless policy. While so, on 25.02.2008 the Complainant's son accompanied by the Complainant's driver went to Poonch Village and on their way back, while they were passing through area Bhimber Gali, the vehicle suffered a break down on account of engine seizure and could not move further. Since it was a high terrain area, no help was found. As it was a cantonment area, no mechanic was available and the Complainant's son stayed for the night at Bhimber Gali and left the driver behind to look after the car. The next morning, the Complainant's son and the driver set out to look for a mechanic but could not find anybody and hence got the vehicle towed from Bhimber Gali to Jammu.