V.K.AGARWAL,PRESIDENT - (1.) SINCE , both these appeals arise from the same order dated 2.9.2005 in complaint No. 25/2003 by District Consumer Disputes Redressal Forum, Raigarh (hereinafter called 'District Forum' for short). They are being disposed of by this common order.
(2.) INDISPUTABLY , the opposite party No. 1 M/s. Shivam Motors (P.) Ltd. (appellant in appeal No. 435 of 2005) was a dealer of Tata Spacio Passenger Vehicle. However, the dealership of M/s. Shivam Motors (P.) Ltd. having been terminated from December, 2002, the opposite party No. 2 M/s. National Garage (appellant in appeal No. 436 of 2005) as its successor. The opposite party No. 3 Telco Customers Support is the manufacturer of the vehicle while opposite party No. 4 Hemant Puranik is the Manager of O.P. -3 (M/s. Telco Customers Support and Hemant Puranaik is the Manager of O.P. 3 (M/s. Telco Customers Support and Hemant Puranik are appellant Nos. 2 and 3 in appeal No. 436/05).
(3.) IT is not in dispute that the complainant Virendra Singh Katiyar purchased a Tata Spacio Passenger vehicle bearing Registration No. CG -13 -0151 on 4.12.2000, for a consideration of Rs. 3,97,297 paid by him to respondent No. 1 M/s. Shivam Motors (P.) Ltd. Warranty given for engine was for a period of 3 years from the date of sale of the vehicle or maximum run of vehicle upto 3 lac kms., whichever occurred earlier. Rest parts of the vehicle were warranted for 18 months from the date of sale of the vehicle, irrespective of the distance covered. Copy of the warranty has been filed in this appeal. The complainant averred that there was breakdown of the chassis of the vehicle after one year and the same was to be replaced. However, the O.P. 1 replaced it after great efforts of the complainant Virendra Singh and charged Rs. 1,010 therefor. It was further averred by the complainant that there was also crack in the ceiling and panel of the vehicle. However, dealer M/s. Shivam Motors (P.) Ltd. did not attend to the complaint in that regard, and only welded tin plate in the ceiling of the vehicle. It was further averred that there was breakdown in the engine of the vehicle in June 2003, within the period of warranty and the vehicle stopped functioning. The complaints by complainant Virendra Singh were not attended to by the dealer M/s. Shivam Motors (P.) Ltd. and the complainant was directed to take the vehicle to the O.P. -2 M/s. National Garage. M/s. National Garage partly carried out the repairs of the vehicle and told the complainant that the remaining defects would be rectified by the dealer M/s. Shivam Motors (P.) Ltd. The O.P. -4 Regional Manager, on being contacted by the complainant Virendra Singh, assured that the vehicle will be got repaired by new dealer M/s. National Garage. However, the vehicle was not so repaired, despite efforts by the complainant and despite taking vehicle in the Camp organized by M/s. Telco Customers Support on 17.5.2003 at Raigarh. It was further averred that neither M/s. National Garage nor M/s. Shivam Motors (P) Ltd. repaired the vehicle, as a result of which he approached the District Forum and filed the complaint. The complainant claimed that he be provided a new Tata Spacio Passenger Vehicle or new seal pack engine be fitted and the compensation of Rs. 50,000 be awarded.;