C.C. Pant, Member—This appeal is directed against the order dated 4.3.2008 passed by the District Forum, Nainital, partly allowing consumer complaint No.104 of 2005 and directing the opposite party No. 2 to replace the complainant’s vehicle’s engine with a new engine within 45 days from the date of the order. The opposite party No.2 was further directed to pay a sum of Rs. 1,50,000 for the mental agony and financial loss suffered by the complainant and Rs. 2,000 towards litigation expenses. It was also directed that in case, the opposite party- No. 2 fails to replace the engine of the vehicle, the opposite party No.2 shall pay the cost of the engine together with interest @ 6% p.a. from the date of filing of the consumer complaint till payment.

2. Briefly stated, the facts of the case are that the complainant had purchased a Tata Sumo vehicle from M/s. Mega Motors, Haldwani—opposite party No.1, an authorised dealer of Tata Motors Ltd. against invoice dated 29.9.2004 for sum of Rs. 4,74,402. The description of the vehicle is as under:

“Chassis No. 446152HVZ929753

Engine No. 483DL51HVZ7l7l 82.”

3. After plying the vehicle for some time, the complainant observed that the vehicle’s c