NCDRC

NCDRC

FA/415/2006

FORD INDIA PRIVATE LTD. - Complainant(s)

Versus

CHAITANYA BHARDWAJ AND ANR. - Opp.Party(s)

KOCHHAR AND CO.

06 Dec 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
APPEAL NO. 415 OF 2006
 
(Against the Order dated 28/10/2005 in Complaint No. 252/2001 of the State Commission Delhi)
1. FORD INDIA PRIVATE LTD.
S P KOIL POST
CHENGALPAT - 603204
CHENNAI
...........Appellant(s)
Versus 
1. CHAITANYA BHARDWAJ AND ANR.
34A/1, ASHOKA VENUE
SAINIK FARMS
NEW DELHI - 110062
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. ANUPAM DASGUPTA, MEMBER

For the Appellant :
Ms. Reeta Mishra, Advocate for
Mr. Dhruv Wahiaw, Advocate
For the Respondent :
Mr. Interjit Sharma, Advocate

Dated : 06 Dec 2010
ORDER

Aggrieved by the order dated 28.10.2005 passed by Delhi State Consumer Disputes Redressal Commission, Delhi ( in short, he State Commission in complaint case No. 252 of 2001, the opposite party-Ford India Private Limited has filed the present appeal. By the impugned order, the State Commission has partly allowed the complaint filed by the complainant-Chaitanya Bhardwaj and directed the opposite party-appellant to pay a lump sum compensation of Rs.3,50,000/- only towards the balance value of the car and damages suffered by the complainant on account of mental agony, harassment etc. as the complainant was deprived of the use of the car for about six months. We have heard the learned counsel for the parties and given our thoughtful consideration to their respective submissions. The fact and circumstances of the case which led to the filing of the complaint and passing of the impugned order are amply-noted in the order of the State Commission and need no repetition at our end. The complaint was filed alleging manufacturing defect in the Ford Ikon Car Model 1.6 CCZXI purchased by the complainant at a price of -3- Rs.6,40,142/-. The engine of the car got seized after sometime due to non-functioning/improper functioning of oil pump. The car was towed away to the dealer workshop at Okhla Industrial Area and was repaired after a long period and handed over to the complainant which the complainant sold out at a price of Rs.4,20,000/-. It was alleged that besides there being manufacturing defect, the opposite party has committed deficiency in service in not repairing the car promptly and handing over the same back to the complainant. Learned counsel for the appellant would assail order of the State Commission on the ground that even if the entire facts as alleged by the complainant are to be taken on their face value, the amount of compensation awarded by the State Commission is excessive. He submits that though the appellant had replaced the engine free of charge once the engine had seized due to non-functioning of the oil pump, therefore, there was no case for grant of further compensation to the complainant. On the other hand, learned counsel for the respondent-complainant supports the order of the State Commission and in addition, on the strength of two invoices for taking the car for repair and other for delivery of the car, he submits -4- that the car might have met with an accident while it was in the custody of the appellant garage. Having considered the entirety of the facts and circumstances of the case and the nature and extent of defect in the car and deficiency which can be said to have been established on the part of the opposite party, we are of the opinion that the compensation so awarded by the State Commission is somewhat on higher side and it needs to be suitably modulated so as to make it reasonable. Having regard to the factual position that the appellant had replaced the engine free of cost and thereafter, the car was sold out by the complainant at a price of Rs.4,20,000/- and that the vehicle was used by the complainant for about two months and had run the vehicle for more than 4,000 kilometer, we are of the opinion that it would adequately meet the ends of justice if a total compensation payable to the complainant is reduced from Rs.3,50,000/- to Rs.2,50,000/-. In the result, the appeal is partly allowed and while maintaining the finding of the State Commission in regard to the defect and -5- deficiency in service on the part of the appellant, we modify the order in the manner that the appellant is liable to pay a lump sum compensation of Rs.2,50,000/-. It is stated by learned counsel for the appellant that under the orders of this Commission, half of the awarded amount i.e. Rs.1,75,000/- has already been deposited and the same has been disbursed to the complainant under the orders of this Commission. We, therefore, direct the appellant to pay the balance amount of Rs.75,000/- to the respondent-complainant. Besides this amount, the appellant shall also pay a sum of Rs. 10,000/- as costs of the proceedings to the respondent. The amount shall be paid within a period of two weeks from today, failing which, it shall carry interest @12% per annum till the date of payment.

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
ANUPAM DASGUPTA
MEMBER

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