IMPORTANT POINT
Allowing replacement of vehicle by new car, which had run 78545 kms. alongwith compensation of Rs. 3 lakhs more than insured value.

K.S. Chaudhari, Presiding Member—These revision petitions arise out of single order of State Commission, hence decided by common order.

2. These revision petitions have been filed by petitioner against order dated 01-07-2015 passed by State Commission in First Appeal No. 12/2015 – Chowgule Industries Pvt. Ltd. Vs. Mr. Sanjai Z. Rane and First Appeal No. 17/2015 – Mr. Sanjai Z. Rane Vs. Chowgule industries Pvt. Ltd., by which appeal of opposite party was partly allowed.

Brief facts of the case are that complainant/petitioner purchased car Zen Estilo from opposite party/respondent on 23-02-2007 for a sum of Rs.3,55,637/-. The car met with an accident on 31-03-2009 and complainant intimated to insurance company and car was towed from accident site to workshop of opposite party/respondent. Insurance company deputed surveyor. Though opposite party was advised to prepare estimate of repairs, opposite party ripped and stripped complainant’s car without any authority and on query opposite party informed that repairs were commenced on instructions of surveyor though surveyor denied. Alleging deficiency on the part of opposite party complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that they gave estimate of repairs on 02-04-2009 for which survey was carried out on 14-04-2009 and subsequently fresh estimate was also given on 14.04.2009. It was further submitted that complainant verbally instructed opposite party to go ahead with the repairs of said vehicle and repair work was started on verbal approval of surveyor. Denying any deficiency on the part of opposite party prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed opposite party to replace car with new car and pay compensation of Rs. 3 lakhs and Rs.25,000/- as cost of litigation. Both parties preferred appeal before State Commission and learned State Commission vide impugned order allowed appeal of opposite party and modified order of District Forum and directed opposite party to pay compensation of Rs.73,623/- for deficiency, against which these revision petitions have been filed by the petitioner.

3. Heard learned Counsel for the petitioner and perused record.

4. Learned counsel for the petitioner submitted that opposite party committed deficiency in starting repair without any instructions and learned District Forum rightly allowed complaint even then learned State Commission committed error in modifying order and dismissing appeal of complainant, hence revision petitions be admitted.

5. Perusal of record reveals that complainant has not impleaded Insurance Company as opposite party in the complaint for the reasons best known to him. He has claimed compensation only on the ground that repairs were carried out by opposite party without any estimate. Opposite party specifically pleaded in the written statement that first estimate for repair was given on 02-04-2009 and after survey second estimate was given on 14-04-2009. In such circumstances it cannot be inferred that no estimate was given by opposite party regarding expenditure likely to be incurred in repair of vehicle.

6. Learned State Commission while allowing appeal rightly observed as under:—

“It is the complainant who has produced all these letters referred to by us. What is the tenor of these letters? One, it is the complainant who stopped the repair work. Two, it is the complainant who refused to permit the OP restart the work and thus reduced his accidental car, almost to scrap. These facts have been concealed by the complainant in the complaint. In Para 12 the complainant has pleaded that the perusal of the correspondence discloses that the repair of the car was commenced by the OP on assumption and without complainant’s permission. Complainant failed to disclose that it is he who had stopped the work and did not allow the OP to continue with the same inspite of various letters thereby indulging in supp