LAWS(NCD)-2019-1-44

JAI AUTO THROUGH ITS AUTHORIZED SIGNATORY A DIVISIONAL OF JSB AUTO PVT LTD Vs. SUNITA GUPTA WIFE OF R K GUPTA

Decided On January 10, 2019
Jai Auto Through Its Authorized Signatory A Divisional Of Jsb Auto Pvt Ltd Appellant
V/S
Sunita Gupta Wife Of R K Gupta Respondents

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner and perused the impugned order passed by the State Consumer Disputes Redressal Commission, Delhi, wherein the Appeal, preferred by the Petitioner, has been disposed of with certain directions.

(2.) The contention of the Petitioner is that the vehicle had already run 89,000 kms. and had been used for 5 years. Therefore, in such a situation, there was a possibility of the engine ceasing and the Petitioner could not be held liable for that.

(3.) Be that as it may, it is not in dispute that the Petitioner's representative picked up the car from the residence of the Respondent. At that time, the car was in working condition and the distance of the Petitioner's workshop from the residence of the Respondent was about 5 kms. According to the Petitioner, the engine of the car ceased midway. However, it took several hours for the Petitioner to inform the Respondent. Moreover, the conduct of the Petitioner, as mentioned in the order of the State Commission, is not above board.