MANAGER Vs. SHAMEEM BEGUM

JUDGEMENT

(1.) The appeal is directed against the order of the District Forum-III, Hyderabad in C.C. No.415/08.

(2.) The facts of the case as narrated by the complainant are that the complainant purchased Tata Indicab DLE III A/c from the 1st Opposite Party for a consideration of Rs.3,32,137/-. The Opposite Party No.2 has delivered possession of the Car in the month of august 2007. A sum of Rs.15,203/- towards Insurance premium and Rs.455/- towards quarterly tax and Rs.700/- towards handling charges were collected from the complainant. M/s.Sundaram Finance Ltd rendered financial assistance of Rs.2,30,000/- to the complainant an agreement that the amount is payable in 36 equal monthly instalments of Rs.7940/-. The complainant with an intention to earn amount by running the Car on hire, got registered the vehicle with Registration No.AP09-TV-6466 and insured the vehicle with the Opposite Party No.3. On 8.11.2007 the front tyre of the vehicle was burst, as a result of which the driver Syed Bugdad @ Muktha lost control of the vehicle and dashed it against a tree on the left side of the road at Sangeeta Theatre cross roads at Secunderabad. The body of the vehicle was damaged.

(3.) The husband of the complainant lodged the complaint before the Police, Gopalapuram Police Station. The Police issued a Challan of Rs.300/- under section 41 (1) of City Policy Act. The complainant incurred Rs.1,600/- for toeing the vehicle to the workshop of the Opposite Party No.2. The Opposite Party No.2 informed the complainant that due to the faulty tyre, the accident occurred and issued pre Job card. Further, it is stated that the Opposite party No.2 assured the complainant that the damages are covered by the Insurance Policy and as such the complainant need not pay any amount towards repairs. The Opposite Party No.2 demanded Rs.65,186/- towards repairs and the complainant refused to pay the amount on the ground that the damages are minor and the vehicle was covered by the Insurance coverage.