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Judgment
RESPONDENT purchased one Maruti Zen on 2.7.2001 manufactured by the appellant and paid Rs. 3,34,670 towards its cost. After 5 days, the vehicle broken down on the road. On account of loss of business and having been sold a defective vehicle, the appellant vide impugned order dated 8.7.2005 passed by District Forum has been directed to pay Rs. 20,000 by way of damages and Rs. 10,000 for the loss suffered by the respondent for inordinate delay in getting back the vehicle and Rs. 2,000 towards cost of litigation. Through this appeal, the impugned order has been mainly assailed on the ground that the vehicle was immediately repaired and the defects were removed and when a letter dated 21.7.2001 was sent to the respondent asking him to take the delivery of the vehicle, respondent refused to accept it and instead filed a complaint before the District Forum.
WE have perused the impugned order and found from the record that following repairs were required to be effected : (i) Replacement of Controller Assembly EPI, Controller Assembly EPI/ECM/Electric Control Module) i.e., the Electric Assembly which controls the functioning of engine/starting, running, cooling, etc. (ii) Replacement of Harness wiring No. 1 and Harness Assembly, wiring No. 5 and harness wiring No. 1 i.e., the set of wires put together which connects the different electrical/electronic parts for their functioning. (iii) Replacement of Nut steering column LP and clamp. Whereafter the vehicle became roadworthy.
In view of the nature of defects and the removal of defects by the appellant through its dealer without charging any extra amount from the respondent, we deem that compensation awarded by the District Forum is on the higher side. We allow the appeal by reducing the amount of compensation to Rs. 15,000 which shall be inclusive of cost of litigation as the vehicle has already run for more than 60,000 kms. This payment shall be made within one month.
Bank Guarantee/FDR, if any, deposited by the appellant be returned to the appellant forthwith under proper receipt.
A copy of this order, as per the statutory requirements be forwarded to the parties, free of charge and also to the concerned District Forum and thereafter the file be consigned to the Record Room. Appeal allowed.