CHETAN GILL Vs. M/S. JOSHI AUTO ZONE
LAWS(NCD)-2020-9-7
NCDRC
Decided on September 18,2020

Chetan Gill Appellant
VERSUS
M/S. Joshi Auto Zone Respondents

JUDGEMENT

V.K.JAIN , J. - (1.) The complainant, who is respondent No.1 in RP/175/2013 and appellant in FA/157/2013 and FA/158/2013 purchased a Tata Indigo Car from M/s Joshi Auto Zone an Authorised Dealer of the manufacturer - M/s Tata Motors Ltd., for a consideration of Rs.480573. The case of the complainant is that the car started giving trouble right from the time it was purchased and therefore, had to be taken to the workshop on a number of occasions. According to his Counsel, the vehicle had to be taken to the workshop as many as 24 times. The details of the repairs carried out in the workshop have been given in para 2 of the order of the State Commission dated 30.4.2012 which has been impugned in RP/175/2013 and need not be reproduced. The complainant, however, remained dissatisfied with the repair carried out in the workshop. He, therefore, approached the concerned District Forum by way of a consumer complaint, seeking refund of the amount which he had paid for the car with compensation etc.
(2.) The complaint was resisted by the manufacturer as well as by the dealer who denied any manufacturing defect in the vehicle. It was interalia stated by them that as and when the vehicle was brought to the workshop, the repair was carried out to the satisfaction of the complainant.
(3.) The District Forum vide its order dated 17.1.2011 directed as under:- "9. Therefore, relying on the contents of the report as well as the submissions made by the complainant and the OPs, we are of the opinion that the OPs be directed to rectify all the defects present in the vehicle by repairing / replacing the parts as per the report of the Engineering College within one month of receipt of this order. In case they are unable to rectify the defects as per the report, they may then refund the value of the vehicle paid by the complainant after deducting depreciation @ 10% per annum from the date of purchase till the date of this order. The OPs are further directed to pay Rs.20,000/- to the complainant as compensation along with Rs.5,000/- as costs of litigation. This order be complied with by the OPs within 45 days from the date of receipt of copy failing which they shall pay the awarded amount with interest @ 12% per annum from the date of order till the payment is actually made to the complainant.";


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