ASHOK LEYLAND LTD Vs. BHARAT SMELTING COMPANY

JUDGEMENT

(1.) In this appeal, there is challenge to order dated 20.10.2006, passed by Delhi State Consumer Disputes Redressal Commission. New Delhi (for short as 'State Commission').

(2.) Brief facts are that respondent no.1/complainant for the business of manufacturing zipper sliders, purchased a brand new Generator Engine from respondent no.2/O.P. No.1, manufactured by appellant/ O.P.No.2. The engine was installed/mounted alongwith other necessary equipments like alternator etc. at the workplace of respondent no.1 and was put to use. Respondent no.2 also gave/undertook the warranty of 90 days i.e. three months from the day of commissioning of the said engine after every service or routine maintenance.

(3.) In November, 1994 the above said engine was carried away by the respondent no.2 for service/repairs and overhauling. A bill of Rs.48,401 was raised by respondent no.2. Respondent no.1 promptly made the said payment. After the above mentioned repair/service and overhauling, respondent no.1 was assured of a trouble free and totally smooth functioning/running of the said engine. Within the warranty period the said engine developed snags/defects and was carried away by respondent no.2 for repairs and service. The next service/repairs and overhauling was done by respondent no.2 on 14/15-04-1995. But the engine again developed some major snags/defects. Within an hour of its commissioning, the said engine stopped functioning/running and lay dead. The engine was dismounted and was carried away by respondent no.2. Respondent no.1 was informed that the Crank Shaft of the engine had broken down and needed replacement. The total cost of repairs was assessed at Rs.1 lac. Engine was sent to appellant at Madras, by respondent no.2 without any authority, consent or knowledge of respondent no.1.