(PER: JUSTICE IRSHAD HUSSAIN, PRESIDENT J. - (1.) APPELLANT was the opposite party No. 2 in consumer complaint No. 45 of 1998, Shyam Singh Rana Vs. Manager, Premier Motors Automobiles Engineer and another, decided on merit per order dated 06.05.2000 by the District Forum, Chamoli in favour of the complainant. The relief granted was that the opposite parties would install new engine within a period of three months from the date of the order in the vehicle -in -question bearing registration No. UP07C/2145 (jeep) and in the event of failure to do so, the appellant - opposite party No. 2 shall pay an amount of Rs.
(2.) ,70,081/ - together with sum of Rs. 5,000/ - towards financial loss with interest @ 10% p.a. to the complainant from the date of order till payment. 2. Complainant filed execution petition No. 15 of 2000 in order to have the above order complied with by the opposite parties. The opposite parties submitted that the engine of the vehicle had been replaced and with a view to verify the claim, the District Forum called for a report from the Senior Foreman of Regional Workshop of U.P. Roadways, Dehradun. On 24.07.2001, the District Forum passed the following order in the execution petition : "The report of Foreman has come, the compliance of the order of Court dated 6.5.2000 has been certified. Hence the complainant to collect the jeep. The OP has undertaken to give 1 years warranty. With this observation the execution is struck off."
(3.) IT need to be mentioned that the report dated 21.07.2001 of the Senior Foreman on record, referred thereto in the above order, certify that vehicle No. UP07C/2145 was technically examined by the undersigned at Premier Motors and it had been found that engine No. XD3PB, DV 20619S is installed in the vehicle. On the cylinder head of the vehicle, impression 97/1138/7 is found impressed and on perusal, the engine appear to be new one. The complainant, in view of the above order passed in execution petition, took delivery of his jeep on 25.08.2001 from Premier Motors, Dehradun and gave in writing that he had taken the delivery of the vehicle after road test.;