Rajasthan

StateCommission

FA/366/2014

Dr. Laxminaryan s/o Badria Naraiyan Meena - Complainant(s)

Versus

Maruti Suzuki India Ltd. through Managing Director - Opp.Party(s)

Kailash Kumawat

16 Sep 2015

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 366/ 2014

 

Dr. Lakshmi Narayan r/o 48 Janakpuri Ist, Imli Phatak, Jaipur.

Vs.

Maruti Suzuki India Ltd. Head office-Nelson Mandela Road, Basant Kunj, New Delhi through Managing Director & ors.

 

 

Date of Order 16.9.2015

Before:

 

Hon'ble Mr.Vinay Kumar Chawla-Presiding Member

Mrs.Sunita Ranka-Member

 

Mr.P.D.Kumawat counsel for the appellant

Mr. Sandeep Arora counsel for the respondent

 

BY THE STATE COMMISSION

 

This appeal has been filed against the judgment passed

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by the learned DCF Jaipur 2^nd dated 6.3.2014 by which it allowed the complaint.

 

Brief facts giving rise to this appeal are that the complainant had purchased a new car from the opposite party which developed some manufacturing defects in the gear box soon after the delivery. The vehicle was taken to the dealer's workshop which remained there for five months before which the gear box of the vehicle had been replaced and vehicle was delivered to the complainant. The complainant filed a consumer complaint for deficiency in service. The learned DCF allowed Rs.30,000/- as compensation for mental agony, Rs.10,000/- for expenses incurred by the complainant, Rs.5000/- by way of not attending the e-mails sent by the complainant to the opposite party and Rs.5000/- as cost of prosecution. The complainant has filed this appeal for inadequacy of the compensation.

 

The learned counsel for the appellant has argued that the complainant is a doctor and he was deprived of the vehicle for five and half months and the compensation awarded by the learned DCF is inadequate. The learned counsel for opposite party no.1 has argued that the learned DCF has considered all the aspects of the matter and has passed just and proper award.

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We have heard the arguments of both counsels and have considered their arguments.

 

It is admitted that the gear box of the car was replaced by the manufacturer but it took five and half months during which the complainant was deprived of his vehicle. We think that five and half months taken for replacement of gear box is too long a time for the opposite party. In view of this we wish to enhance the compensation for mental agony to Rs. 50,000/-. Rest of the order is maintained. The order shall be complied with within one month from the date of this order.

 

 

(Sunita Ranka) (Vinay Kumar Chawla)

Member Presiding Member

 

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