Bharti Axa General Insurance Company Limited, SCO 350-351-352, First Floor, Sector 34, Chandigarh, through its Authorized Signatory/Duly Constituted Attorney Ms. Akanksha Kapoor.

……Appellant/Opposite Party No.4

V e r s u s

1.Om Parkash Jindal, M/s Saravpriya Tuber Pvt. Ltd., Village Talwara, G.T. Road, Sirhind Side, Mandi Gobindgarh, Mandi Gobindgarh – 147 301.

…..Respondent No.1/complainant

2.M/sKrishnaChandigarh.

…..Respondent No.2/Opposite Party No.1

3.Kulwinder Singh, Mechanic, C/o M/sKrishnaChandigarh.

…..Respondent No.3/Opposite Party No.2

4.M/s BMW India Pvt. Limited, through its Managing Director,DLFCyberCity, Phase-II, Building No.8, Tower-B, 7^th

…..Respondent No.4/Opposite Party No.3

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE:  

Argued by:

PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT

             Chandigarh

 “In the light of above observations, we are of the concerted view that the Opposite Party No.4 is found deficient in giving proper service to the complainant. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Party No.4 and the same is allowed, qua it. The Opposite Party No.4 is directed to:-

[a]   To pay Rs.2,14,932/- as per invoice no. SIP111382, dated 30.09.2011, along with interest @6% p.a. from the date of its payment by the Complainant i.e. 13.10.2011, till it is paid;

[b]   To pay Rs.25,000/-on account of deficiency in service and causing mental and harassment to the Complainant; 

[c]   To pay Rs.10,000/- as cost of litigation;

The above said order shall be complied within 45 days of its receipt by the Opposite Party No.4; thereafter, it shall be liable for an interest @18% per annum on the amount mentioned in sub-para [a] from the date 13.10.2011, till it is paid & the amount mentioned in sub-para [b] of Para 12 above, from the date of this order, till it is paid, apart from cost of litigation of Rs.10,000/-.”

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3.           Chandigarh. The car was then parked, on the other side of the road. A complaint was lodged with Opposite Party No.1, on its toll free number, upon which Opposite Party No.2, came to the spot, and tried to start the car, a number of times. When the car did not start, he took the vehicle, to the workshop of Opposite Party No.1, by towing. Later on, Opposite Party No.1, informed the complainant that there was fault, in the engine of the car, its cylinders were also not working and showing less compression. The estimated cost of repairs, was given to be Rs.1,91,991/- approx. Since the car was under warranty, the complainant requested Opposite Party No.1, to repair the same, free-of-cost, or the repair charges be taken from

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