SAROJ SHARMA, J. - (1.) THE present appeal is the outcome of the order passed by District Consumer Forum, Solan, in Consumer Complaint No.60/2008, titled as Raju V/s Goel Motors vide which the complaint was dismissed. Feeling aggrieved by the order of the District Forum below, the appellant came before us with the present appeal.
(2.) FACTS as they emerge from the complaint are that the appellant purchased one Maruti Alto bearing registration No. HP -03B -0937, which met with an accident on 2.1.2008 near Dharampur, District Solan and the same was handed over to the respondent on 10.01.2008. As per the appellant respondent assured that vehicle shall be given back to the appellant after repair within 30 days. But inspite of various request and visits to the respondent shop, vehicle was not handed over to the appellant. For this reason the appellant came before this Commission with the prayer to direct the respondent to handover the vehicle to the appellant within 7 days and also that he be directed to pay compensation to the appellant to the tune of Rs. 1,35,000/ - along with litigation cost of Rs. 11,000/ - as the appellant suffered loss of Rs. 1,500/ - per day due to deficiency in service on the part of the respondent.
(3.) WE have heard learned counsel for the parties as well as have gone through the record of the case. The stand of Mr. Vivek Negi, learned counsel for the appellant is that his client has suffered huge loss due to late delivery of vehicle. He further submitted that his client suffered loss of Rs. 1500 per day due to non -delivery of the vehicle in time and as such the vehicle could not be plied by his client on road for about 3 months. So as per Mr. Negi, his client is entitled to the compensation as claimed in the prayer clause of the complaint. Another submission of Mr. Negi is that the spare parts of the vehicle like Maruti Alto are easily available everywhere and the respondent is not justified in giving late delivery of his car after repair and also that the car was given back to him only after he filed complaint before the Forum below. However the stand of Mr. Negi has been controverted by Mr. Ratish Sharma, learned counsel appearing for the respondent. He though admitted that the vehicle met with an accident as mentioned in the complaint but denied that the same was handed over to the respondent on 10.1.2008. As per him the car was handed over to the respondent on 11.1.2008. But his version is that the car was never agreed to be given back on 31.1.2008, though this was a tentative date given by the respondent. Mr. Ratish Sharma referred to the undertaking given by the appellant which is duly signed by the appellant which reads as under: - On dated 11.01.2008, I have handed over my vehicle bearing No. HP - 03B -0937 for repair to M/s Goyal Motors Pvt. Lid., Taradevi, Shimla. I have been given the estimated date for delivery/repair on 31.1.2008. I understand that the above date given for delivery is tentative estimated date. Delay, if any due to reasons of non -availability of Spare Parts, Labour Problem, Insurance delay or any due to reasons whatsoever, the delivery date will automatically be changed/ extended. I understand that in case of late delivery of vehicle due to any reasons whatsoever, I will not make any claim against or hold responsible M/s Goyal Motors Pvt. Ltd. Taradevi, Shimla. I understand that, in case the insurance company doesnt pay the claim, the reasons as per insurance companys policy, conditions or pays less claim, then I undertake to pay the entire bill amount, at the time of delivery of vehicle. I also undertake that the depreciation amount or uncovered parts/repair charges are also solely to be born by me at the time of delivery. I was also explained that in case of total vehicle loss or removal of accidental vehicle un -repaired, I have to pay Rs. 200/ - per day after 7 days of receipt of the vehicle at workshop of Goyal Motors and Rs. 3500/ - as estimate charges. I undertake to agree this condition along with all above conditions. I have read over and understood all above conditions carefully OR I have been made to understand the above conditions in the language I understand and thereafter put my signature in this undertaking. ;