Haryana

StateCommission

A/154/2016

SATBIR SINGH MALIK(SINCE DECEASED) - Complainant(s)

Versus

GIRIRAJ MOTORS - Opp.Party(s)

AMARDEEP HOODA

12 Aug 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

                                                First Appeal No.           154 of 2016

                                                Date of Institution:       18.02.2016

                                                Date of Decision:         12.08.2016

 

Satbir Singh Malik since deceased through legal representatives:-

i)        Alpana wife of Satbir Singh Malik

ii)       Vandana d/o Satbir Singh Malik

iii)      Ajay Singh son of Satbir Singh Malik

 

          All residents of 101, GH-52, Sector 1, IMT Manesar, Gurgaon, Haryana.

                             Appellants-Complainants

 

Versus

 

1.      The Manager, Giriraj Motors, OPPO-JMD Pacific Square, near 32^nd Milestone, Chander Nagar, Sector 15, Pt.2, Gurgaon, Haryana.

 

2.      The Managing Director, Skoda Auto India Private Limited,A-1B/1, MIDC, Five Star Industrial Area, Shendra, Aurangabad, Maharashtra 431201.

                                      Respondents-Opposite Parties

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                                                         

Present:              Mr. Amardeep Hooda, Advocate for the appellants.

                             Vivek, Clerk of Mr. S.K. Tripathi, Advocate for the respondent No.1

                             (Service of respondent No.2 dispensed with vide order dated May 04^th,2016)

           

                                                   O R D E R

 

NAWAB SINGH J, (ORAL)

 

This complainant’s appeal is directed against the order dated January 11^th, 2016 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short, ‘District Forum’) whereby complaint filed under Section 12 of the Consumer Protection Act, was allowed.  Operative part of the order is reproduced as under:-

“9.     Therefore, we are inclined to hold that the OP-1 unnecessarily changed the Exhaust Manifold Wit which tantamount to deficiency in service on the part of OP-1 and thus, we direct the OP-1 to refund the amount of Rs.1,03,379.45 + Rs.15000/- alongwith interest at the rate of 9% per annum from the date of filing of the present complaint i.e. 24.09.2014 till realization subject to return of Exhaust Manifold Wit.  The opposite party No.1 shall make the compliance of the order within 30 days from the date of receipt of the copy of this order….”  

         

2.      In the last week of May, 2014 Satbir Singh Malik-complainant noticed some defects in his car bearing registration No.HR26BK-9100.  He took his car to the opposite party No.1.  The opposite party No.1 changed ‘Exhaust Manifold Wit’ of the car and raised bill of Rs.1,41,652.52 and Rs.46,652.40 respectively on account of labour charges. The complainant paid Rs.1,84,000/- to the opposite party No.1. The complainant alleged that the opposite party No.1 unnecessarily changed the part, which was in good condition.  By filing the complaint against the opposite parties before the District Forum, he prayed for refund of Rs.1,84,000/- alongwith interest at the rate of 24% per annum besides Rs.6.00 lac as harassment.

3.      The complaint was accepted by the District Forum and issued direction to the opposite parties as mentioned in paragraph No.1 of this order.

4.      Dissatisfied with the order of the District Forum, the complainant has come up in appeal for enhancement of compensation.

5.      The District Forum vide impugned order directed the opposite party No.1 to refund the amount of Rs.1,03,379.45 + Rs.15000/- alongwith interest at the rate of 9% per annum from the date of filing of the complaint till realization. This being so, the complainant has been adequately compensated and as such, no case for interference in the impugned order is made out.

6.      The appeal is therefore dismissed.

 

Announced 12.08.2016

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

UK