KUTUBUDDIN HUSSAIN vs JAWAHAR VERMA

THIS appeal has been filed against a direction given by the District Forum, Jhabua to the appellant to pay Rs. 150/- as compensation for the deficiency in service in washing and cleaning a motor cycle.

WE have perused the record and has considered the written arguments submitted on behalf of the appellant. The respondent-complainant had complained about deficiency in service of motor cycle by the appellant. According to the complainant when the motor cycle was handed over to the appellant for washing, cleaning and servicing its coil got damaged as water entered into it and he had to purchase a ignition coil for Rs. 135/- and had to spend Rs. 15/- as labour charges. Though, the claim was for Rs. 5,000/-, the District Forum admitted to the extent of Rs. 150/- only. The appellant is aggrieved against this also and has contended before us in his written arguments that the evidence produced by him was not considered by the District Forum and it based its finding on a book-let published by the Bajaj Auto Limited which was not produced in evidence. The appellant has contended that the coil was packed from all sides and, there- fore, there was no possibility of it being damaged because of entry of water into it. The complainant examined himself and two witnesses. All of them have testified that coil had burnt and the mechanic Lala had told him that the coil had burnt because water had entered into it. The opposite party-appellant herein also laid evidence and said that there was no possibility of water having entered into it while washing the motor cycle. The appellant had examined himself and one of his servants. Both of them had testified that the complainant had taken away motorcycle in running condition from their shop.

The District Forum after examining the case of both the sides and the evidence produced by them had come to a conclusion that the coil of the motor cycle had burnt. The Court relied on the appellant''s own witness Chhotekhan for the proposition that it is necessary to spray oil or diesel on some parts of the motorcycle before washing it. In this context the Forum referred to a book-let of Bajaj Auto Limited in which an instruction is given that before washing or servicing the engine part of the motor cycle Kerosene oil had to be sprayed on it and it has to be cleaned by passing hot air through it.

ADMITTEDLY, this was not done by the appellant and for this reason the Forum has found that because of non-following of these instructions, possibility of water entering into the coil was imminent. In these circumstances, we find that the order of the Forum is well reasoned and there is no reason to interfere with it. We therefore, dismiss this appeal and confirm the order of the Forum There shall be no order as to costs. Appeal dismissed.