IN THE STATE COMMISSION:DELHI

(Constituted under Section 9 of The Consumer Protection Act, 1986)

Date of Decision: 30-03-2009



Appeal No. FA-08/706

(Arising out of Order dated 15-04-2008 passed by the District Forum, Sheikh Sarai, New Delhi, in Complaint Case No.DF-VII/787/07)





Shri Deepak Kumar Mittal,

Managing Director,

Tech Lab Auto Gas Pvt. Ltd.

237, Sector-6,

IMT Manesar,

Gurgaon 122005,

Haryana. . . . Appellant



Versus

Smt. Shivani Gupta,

B-2/2288, Vasant Kunj,

New Delhi 110070. . . . Respondent



CORAM:

JUSTICE J.D. KAPOOR, PRESIDENT

MS. RUMNITA MITTAL, MEMBER



1. Whether Reporters of local newspapers be allowed to see the judgment?

2. To be referred to the Reporter or not?



Justice J.D. Kapoor (Oral)





1. On account of having installed a highly defective CNG Kit in the car of the respondent for which the respondent paid Rs. 35,505/-, the appellant has been, vide impugned Order dated 15-04-2008 passed by the District Forum, held guilty for deficiency in service and directed to refund the cost of the CNG Kit and Rs. 10,000/- as compensation for mental agony and Rs. 3,000/- as cost of litigation.



2. Feeling aggrieved the appellant has preferred this appeal. The case of the respondent leading to the impugned Order in brief was that on 10-06-2007 the respondent approached the workshop of the appellant for installation of CNG Kit in her vehicle, Alto Car No. DL 2CP 0193. However, from day one, the kit was creating numerous problems. The vehicle and the kit were got examined by the appellant several times but the appellant failed to remove or rectify the defects. Feeling aggrieved the respondent approached the District Forum for relief through the instant complaint.



3. In its reply the appellant denied all the allegations and contended that as a matter of fact the respondent had refused to allow the appellant even to examine the CNG Kit and the appellant had even asked the respondent vide its letter dated 20-10-2007 to bring the vehicle for examination of the Kit and therefore there was no deficiency in service on the part of the appellant.



4. We have perused the impugned Order and find that the District Forum has returned a finding of fact that inspite of having received a huge amount as consideration, the CNG Kit never worked as it was highly defective based upon the job cards showing the number of occasions on which the respondent had taken the kit for repairs.



5. However, since the CNG kit is still installed in the car of the respondent, the appeal is allowed in the following terms:-

(a) The appellant shall refund the cost of the CNG Kit on return and removal of the kit from the car of the respondent.

(b) Rest of the Order is maintained as the respondent has been forced to approach the legal Forum which itself is highly expensive, time consuming and tortuous and causes mental agony, harassment, physical discomfort among other things.



6. Appeal stands disposed of in aforesaid terms.



7. Copy of Order, as per statutory requirement be forwarded to the parties and to the concerned District Forum and thereafter the file be consigned to record.



8. FDR/Bank Guarantee, if any, be released under proper receipt.