Parties file hajira. case record is placed before me foe passing final order. in respect of complainant’s petition filed by the O.P.2 Tata Motors Ltd. on 08/09/2016.
Seen and perused the said petition, W/O and the materials on record. We have heard submission of Ld. Lawyers of the both sides over the matters in full.
We find that in the petition dt. 23/08/2016 the complainant has expressed his dissatisfaction and criticized the test drive reports of vehicle in question submitted by O.P.2. On the other drive in their petition dt.08/09/2016 the O.P.2 has stated that they have complied with entire order and prayed for disposal of this case as well as the execution case filed by the complainant and for direction upon the complainant to take back the car//Vehicle in question on proper receipt.
It is not disputed that O.P.2 has not complied with the direction of this forum vide final order no.23 dt. 16/07/2015 regarding payment of money awarded in favour of the complainant.
Now on careful and /meticulous perusal of the original test drive reports dt. 22/08/2010 we find that O.P.2 in compliance with the order no.6 dt.05/08/2016 of this Forum conducted two test drive of the vehicle to apprise this Forum whether they increased the KMPL of the vehicle as assured by them to the complainant in compliance with Final order no. 23 dt.16/07/2015. The test drives were conducted in presence of the complainant. Now from the consolidated test drive report which is part of test drive report 1 and 2, we find that total run including said two test drives was 135km total supplied 4.59 ltr. and average full consumption of the vehicle was 29.41 kmpl which is more than that of assumed kmpl of 22.3 kmpl . The criticize and dissatisfaction of complainant as made in his petition dt.23/08/2016 against the said test drive report conducted by O.P.2 are not well founded and according those are not acceptable.
Therefore it is clear that O.P.2 Tata Motors Ltd. has complied with the entire direction of this Forum vide Final order no.23 dt.16/07/2015 as claimed by O.P.2 in its petition dt.08/09/2016.
Hence we allow the prayer of O.P.2 as per its petition dt. 08/09/2016 on contest but without cost. The petition filed by the complainant on 23/08/2016 stands rejected on contest but without cost.
The instant MA no.03/2016 stands disposed of accordingly but without cost. The complainant is requested to take back his car/vehicle from O.P.2 within 7days from this date on proper receipt i/d the O.P. shall have no liability regarding the said car vehicle.
In view of this order E/A no.01/2016 which has been arisen from Final order no. 23 dt. 16/07/2015 passed in CC 112/2013 should be disposed of on full satisfaction. Let plain copy of this order be supplied to both the parties/their Ld.Lawyers forthwith free of cost or by ordinary post.
