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K.D.SHAHI, SURENDRA KUMAR
TATA ENGINEERING AND LOCOMOTIVE CO. LTD. – Appellant
Versus
GIRIJA SHANKER TAMTA – Respondent


Advocates:
Counsel for the Parties :
For the Appellants :Mr. Manoj Kohli, Advocate.
For the Respondent:Mr. Afzaal Ahmed, Advocate.

ORDER

Mr. Surendra Kumar, Member—This is an appeal against the order dated 23.8.2004 passed by the District Forum, Nainital following the dictum of the Hon’ble Supreme Court in the ruling reported in I (2004) CPJ 9 (SC), Jose Philip Mampillil v. Premier Automobiles Ltd. and Another, whereby:

(a) The opposite parties were directed to hand over the car to the complainant within one month without charging any amount.

(b) The complainant was directed to take his vehicle from the workshop of the opposite party No. 1 within one month and then to take the vehicle to any authorized workshop of District Nainital, Udham Singh Nagar or Bareilly for repairs and to inform the appellants regarding the repairs by registered notice and the opposite parties were directed to ensure within one week whether the said car has been placed in that workshop.

(c) In the said garage the vehicle in question the repairs of the vehicle shall be commenced. The appellants will not be at liberty to file any complaint regarding the repairs of the vehicle in any Court. After the repairs of the vehicle in the said workshop, the complainant will send a registered notice to the opposite parties and the opposite partie

















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