BHASKAR vs MAHENDRA And MAHENDRA LTD.

THE Appellant/Complainant being aggrieved by rejection of his claim by the District Forum, Khandwa has filed this appeal.

THE Complainant''s case before the District Forum was that the Opposite Parties had sold a defective truck to him and when the defects were pointed out, they were not remedied by the Opposite Parties. THE Complainant had to get repairs carried out. He has claimed Rs. 10,000/- towards the price of the accessories purchased by him for the repairs and replacments and Rs. 18,000/- for loss of 37 days of earnings from the truck. Compensation on other heads also has been claimed. The Opposite Parties contested the claim on the ground that the repairs of the vehicle were handled by other mechanics in violation of warranty conditions. It was also contended that warranty was limited to 16000 kms. or six months from the date of sale which ever is earlier and, therefore, there was no obligation to attend to the vehicle.

The District Forum held that no mechanical or manufacturing defect was proved by the complainant. The District Forum also held that the defect developed because of lack of experience of the complainant in driving the type of vehicle sold. Actually, none of the Opposite Parties had pleaded that the defects were developed because of lack of driving experience. It also does no t stand to reason that mechanical defects would normally be caused by lack of skill in driving. The District Forum should have actually applied its mind to the question as to whether defect in goods was proved independently or warranty conditions or not. A perusal of the decision would also show that on the main contention of the Opposite Parties that because of the violation of the warranty conditions they were not liable, the District Forum has not pronounced its judgment. Thus, the case has been approached from a wrong angle. The Learned Counsel for the appellant also contended that provisions of Section 16 of the Sale of Goods Act have been ignored by the District Forum.

IN these circumstances, it would be in the interest of justice to remand the case back to the District Forum for fresh hearing and disposal in accordance with law. The decision of the District Forum is set aside and the case is sent back to the District Forum for a fresh decision in accordance with law after hearing the appellant. The parties shall appear before the District Forum on 10.8.1994. Order set aside.