Haryana

StateCommission

A/1019/2014

Jagmohan Motors Ltd - Complainant(s)

Versus

Shiv Kumar - Opp.Party(s)

26 May 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

                                       

First Appeal No.1019 of 2014

Date of Institution:07.11.2014

Date of Decision:26.05.2016

 

Jagmohan Motors Ltd., Bhiwani road Bhiwani, through its, personnel Manager, Jai Bhagwan Rohilla.

     …..Appellant

                                                Versus

Shiv Kumar S/o Sh.Rameshwar Dass R/o G-54 Model Town, Hisar Distt. Hisar.

         …..Respondent

CORAM:     Mr. R.K.Bishnoi, Judicial Member.
                   Mrs.Urvashi Agnihotri, Member.

 

Present:-     Mr.N.K.Malhotra, Advocate for the appellant.

Mr.Kuldeep Khandelwal, Advocate counsel for the respondent.

 

O R D E R

 

URVASHI AGNIHOTRI MEMBER:

 

1. Jagmohan Motors Ltd. OP is in appeal against the Order dated 22.09.2014 passed by the District Consumer Disputes Redressal Forum (for short ‘District Forum’), Bhiwani, whereby the complaint of Shiv Kumar - Complainant has been allowed and the OP has been directed to pay a sum of Rs.33218/- spent by him on the repair work of the vehicle alongwith interest @12% per annum from the date of filing of this complaint till its final realization alongwith Rs. 2200/- on account of litigation expenses.
2. In brief, the complainant was owner of Maruti Ritz Car bearing registration No.HR20U/4692 which got struck with some stone in the its lower part and the complainant got it repaired from the service station of the OP i.e Jagmohan Motors Ltd. The vehicle was delivered by the service station to the complainant after charging Rs.8518/- without giving any test drive. When the complainant proceeded on his journey to Hisar in the way, the vehicle started emitting white smoke from the silencer and ultimately stopped in the way. The complainant had to take the car to the nearest service station namely the Modern Automobiles, Hisar. After checking the vehicle, their mechanic told that the car was not properly repaired by the service station of the OP. The complainant had to pay another some of Rs.18900/- + Rs.5800/- paid to Vardhman Diesel and Auto Electrical, 303, Auto Market Hisar for effecting the necessary repairs of the vehicle. Thereafter, the complainant made number of requests to the OP to reimburse the various amounts spent by him on the repairs of the vehicle, but the OP flatly refused to pay the same. Aggrieved by this, the complainant alleging deficiency in service on the part of the OPs filed the present complaint with a prayer that OPs be directed to pay the entire repair charges spent by him along with Rs.50,000/- as compensation for mental agony and litigation expenses.  
3. The OP contested the complaint by pleading that the car was duly repaired in presence of the complainant, who was fully satisfied before taking the car and proceeding to his journey. The defects mentioned by the complainant must have developed during his journey after he had covered about 70/80 Kilometers. Therefore, the complainant had filed a false and concocted story only to grab compensation.  However, the plea of the OP was rejected and the learned District Forum allowed the complaint on 22.09.2015 by granting the aforesaid relief.  
4. Against the impugned order dated 22.09.2015, the OP / appellant have filed appeal before us reiterating their earlier submission already raised before the District Forum. We have heard the learned counsel for the parties and have gone through the record. It is evident from the overwhelming documentary proof that the vehicle immediately after the accident was first repaired by Jagmohan Motors Ltd. – OP by charging Rs.8518/-. It was thereafter that the vehicle had hardly covered 70-80 K.M. even according to the version of the OP that it started giving trouble and emitting smoke. That shows that the vehicle was not properly repaired and was handed over to the complainant without proper satisfaction. Further, it was got repaired for the second time at Modern Automobiles, Hisar, which is again the authorized dealer of Maruti Car in collaboration with Vardhman Diesel and Auto Electrical, 303, Auto Market Hisar. The vouchers and receipts of the repairs and the parts etc. supplied by these dealers have been produced by the complainant along with the complaint as annexures C-4 & C-5.
5. In view of the aforesaid factual position, the learned District Forum has rightly allowed the complaint by holding the OPs liable for the deficiency on their part. Accordingly we do not find any merit in the appeal and the same is dismissed with no order as to costs.
6. The statutory amount of Rs.16609/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules.

 

May 26th, 2016

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

S.K.