SANYA MOTORS PVT. LTD. Vs. ANIL NARSINGRAO JAWANJAL

JUDGEMENT

(1.) The complainant/respondent took his car No. MH 28 C 5899 to the petitioner company on 21.3.2013 for rectification of the faults which the car had developed. He was charged a sum of Rs. 29,266/- for the repair work. However, the vehicle again went out of order and was again taken to the workshop of the petitioner. The vehicle was retained in the workshop for carrying out the repairs. The case of the complainant/respondent is that the injector of the vehicle was broken by the mechanics of the petitioner and thereafter the vehicle was not returned to him after repairs. This is also his case that no estimate for undertaking the repairs was given to him. The complainant therefore, sent a notice dated 15.5.2013 to the petitioner, demanding delivery of the car. The petitioner did not respond to the said notice. Being aggrieved, the complainant approached the concerned District Forum by way of a complaint, seeking possession of the vehicle along with compensation etc.

(2.) The complaint was resisted by the petitioner which claimed that the vehicle was repaired by them with the consent of the complainant and was ready for being delivered except, replacement of Turbo and that they were entitled to payment of Rs. 1,24,666.42 towards repair of the vehicle, besides parking charges @ Rs. 500.00 per day from the date of the completion of the job. The petitioner also alleged that since the vehicle was being used as a taxi, the complainant could not be said to be a consumer as defined in the Consumer Protection Act.

(3.) The District Forum vide its order dated 05.7.2014, directed the complainant to pay a sum of Rs. 15,914.00 to the petitioner towards repair of the vehicle. The petitioner was directed to deliver the vehicle on receipt of the aforesaid amount. The District Forum also directed the petitioner to pay a sum of Rs. 20,000.00 as compensation and Rs. 2,000.00 as cost of litigation to the complainant. The petitioner was permitted to adjust the amount of Rs. 15,914.00 out of the compensation payable to the complainant. The District Forum also directed payment of daily compensation of Rs. 200.00 per day if the petitioner did not comply with its order within thirty days.