Decided on October 12,2009

Thakur Motors Telco Authorized Service Centre Appellant
SANJAY KUMAR Respondents


CHANDER SHEKHAR SHARMA - (1.) THIS appeal is directed against the order of District Forum, Kangra, at Dharamshala, in Consumer Complaint No. 383/2006, dated 1.8.2008 whereby the District Forum below has partly allowed the complaint and ordered the appellant to pay Rs. 37,038 to the respondent within 30 days from the receipt of copy of this order failing which it shall carry interest at the rate of 7% per annum from the date of complaint till realization. Appellant was also directed to pay compensation to the tune of Rs. 5,000 and cost of litigation of Rs. 2,000.
(2.) FACTS of the case as they emerge from the complaint are, that respondent is a registered owner of Indigo LX Car HP -40 -A -0757 and had taken his vehicle to the service centre of appellant for service and removal of problem of overheating of its engine on the same day. The appellant did the needful and handed over the vehicle with the assurance that there will be no further problem. Thereafter on the same day when respondent was coming to Nagrota Bagwan the same problem occurred within 2 days. He took the vehicle to the service centre of the appellant, which was again serviced and its coolent was changed. Further averments in the complaint are, that after running 500 -600 Kms, the vehicle again developed some other problem and he brought the vehicle again to the service station of the appellant on 5.6.2006. When again it was handed over to the respondent with the assurance, that the engine of the vehicle will not create the problem in future.
(3.) FURTHER averments in the complaint are, that on 9.6.2006 respondent started his journey in the said vehicle from Nagrota Bagwan to Delhi and when he reached near Ambala, the engine of the vehicle got overheated and stopped functioning. The respondent made many efforts to start the vehicle, but in vain. The vehicle was brought to the service centre of Tata Motors at Ambala. On checking it was informed by the said Service Centre, that the engine of the vehicle was ceased due to overheating. Respondent again got it serviced at Ambala and cost of Rs. 41,982 was charged. In this background present complaint has been filed against the appellant under Section 12 of the Consumer Protection Act, 1986 alleging deficiency of service against the appellant. Appellant has contested and resisted the complaint and pleaded that there was no deficiency of service on its part and there was no defect in it. It stopped functioning due to mishandling on the part of the respondent. Latter filed rejoinder to the version of the appellant, wherein averments made in the complaint were reiterated.;

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