ROSHAN MOTORS PVT LTD Vs. SANKET TONGYA
LAWS(NCD)-2020-7-79
NCDRC
Decided on July 31,2020

Roshan Motors Pvt Ltd Appellant
VERSUS
Sanket Tongya Respondents

JUDGEMENT

V.K.JAIN,J. - (1.) The complainant purchased a brand new TATA Indigo D cor Diesel car from Roshan Motors petitioner in RP/3374/2012 which is an authorized dealer of TATA Motors petitioner in RP/3741/2012. The car was purchased on 01.2.2008, for a consideration of Rs.5,63,850/-. On the very next day, two tyres of the car got burst allegedly, due to a technical problem and were replaced by Roshan Motors. The case of the complainant is that thereafter, the car developed several defects one after the other and had to be taken to the workshop on several occasions.
(2.) It was alleged that when the car was taken to the workshop on 26.2.2008, in the very next month of the purchase, repair work including, suspension work was done and excels were replaced. A large number of job cards have been filed by none other than TATA Motors in RP/3741/2012 and are available on the record. A perusal of the job card dated 31.5.2008 would show that there was a problem with the rear knuckle bearings. The job card dated 11.4.2008 would show that there was problem in some of the sump gasket-renew, renew cylinder cover gasket, crankshaft front seal renew and crank rear oil seal as well as with the oil pump. The problem was also found with anabond oil filter indigo.
(3.) A perusal of the job card dated 3.6.2008, would show that there was problem with rear knuckle bearings stub axle with spindle etc. A perusal of the job card dated 07.8.2008 shows that at that time, removal/ refitment of the bare engine was done and the following parts required replacement: "Parts (Part #), Part Description, quantity, billing type, status) ADHANABO100, anabond 666t (100 gms), 2, warranty, invoiced 279701990102, bare engine indigoxl/indica1x 70 ps, 1, warranty, invoiced 279014105301, gasket (for inlet manifold)(offer drg.), 1, warranty invoiced 279020125304, gasket water inlet elbow, 1, warranty invoiced) 279020125303, gasket water bypass, 1, warranty, invoiced 279750105809, hose (egr cooler to return line), 1, warranty, invoiced 279018130106, assy. Oil filter-tc(elofic), 1 warranty, invoiced 279707140105, assy. Fuel pr. Line (pump to rail) bent, 1, warranty, invoiced 279707140107, assy. Fuel pr. Line (rail to inj-1) bent, 1, warranty, invoiced 279707140108, assy. Fuel pr. Line (rail to inj.2) bent, 1, warranty, invoiced. 279707140109, assy. Fuel pr. Line (rail to inj.3) bent, 1, warranty, invoiced. 279707140110, assy. Fuel pr. Line (rail to inj.4) bent, 1, warranty, invoiced. 279701160101, assy. Injector (delphi), 1, warranty, invoiced 279701169203, washer 2.5 thk (for injector), 1, warranty, invoiced OIL15W40CASTER, gtd 15w40 diesel engine oil Castrol, 5500, warranty invoiced. ;


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