GUPTA SERVICE STATION Vs. SUBHASH AGGARWAL
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUPTA SERVICE STATION
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(1.) APPELLANT runs a service station. On 18th of June, 2004 the car of the respondent failed to start and since the workshop (Deep Hyundai) of the appellant was nearby he went to call the mechanic from there. Mechanic detected that the battery of car was not charged and the car was taken to the workshop. On the next day some minor defect of carbon point in the alternator was pointed out and appellant offered its services for doing the repairs. On 20.6.2004 the vehicle was brought back with lot of defects and a bill of Rs. 940 was given. The car was taken to some other workshop where a bill of Rs. 17,000 for removing the defects was paid. Vide impugned order dated 27.10.2005 the District Forum has directed the appellant to make the following payments :
(i) Rs. 940 along with amount of Rs. 17,047 paid to Deep Hyundai workshop with interest @ 9% p.a. on the amount of Rs. 18,027 from the date of repair from Hyundai Workshop i.e., 29.6.2004 till actual payment.
(ii) Rs. 5,000 as compensation to the respondent.
(iii) Rs. 1,000 as cost of litigation to the respondent.
(2.) WE have perused the impugned order and find that no safe conclusion can be arrived at as to the defects in the car when it was taken to the Deep Hyundai Workshop or the allegation that mechanic of the appellant fiddled with the car unnecessarily.
(3.) HOWEVER , the very fact that the vehicle was brought on 20.6.2004 at the house of the respondent with a bill of Rs. 940 and the vehicle was found in damaged condition and the respondent paid the said amount but at the same time asked the appellant to remove the vehicle from its workshop and put the same in some other workshop and in the process was taken to different workshops and ultimately to Deep Hyundai workshop pursuade us to modify the impugned order by awarding a compensation of Rs. 10,000 with cost of litigation of Rs. 1,000 for the deficiency in service in not properly finding or pointing out the defects in the car when it was brought on 20.6.2004 with a bill of Rs. 940. The appeal is partly allowed to aforesaid extent.
The FDR, if any deposited by the appellant, be returned forthwith.;
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