ORDER

The present Revision Petition (RP) has been filed by the Petitioner against Respondent(s) as detailed above, under section 21(b) of Consumer Protection Act 1986, against the order dated 02.07.2019 of the State Consumer Disputes Redressal Commission, Andhra Pradesh, Vijaywada (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No.467/2015 in which order dated 27.11.2014, District Consumer Disputes Redressal Forum, Kurnool (hereinafter referred to as District Forum) in Consumer Complaint (CC) no. 56/2012 was challenged, inter alia praying to set aside the order passed by the State Commission and District Forum.

2. While the Revision Petitioner (hereinafter also referred to as OP-1) was Appellant-1; Respondent-1 (hereinafter also referred to as Complainant) was Respondent-1; Respondent-2 (hereinafter also referred to as OP-2) was Appellant-2 and the Respondent-3 (hereinafter also referred to as OP-3) was Respondent-2 in the said FA/467/2015 before the State Commission, the Revision Petitioner was OP-1; Respondent-1 was Complainant; Respondent-2 was OP-2 and Respondent-3 was

OP-3 before the District Forum in the CC/56/2012.

3. Notice was issued to the Respondent(s). Parties filed Written Arguments/Synopsis on 28.12.2022 (Petitioner/OP-1), 17.03.2023 (Respondent-1/Complainant), 19.01.2023 (Respondent-2/OP-2) and 14.06.2022 (Respondent-3/OP-3) respectively.

4. Brief facts of the case, as emerged from the RP, Order of the State Commission, Order of the District Commission and other case records are that:-

The complainant purchased a Toyota Innova 2.5V (M4)-(7S)-(VX) Model from the OP-2 for a sum of Rs. 12,43,045/-. The vehicle, registered as KA 53 P 7697, was found to be not up to the mark. Ten days prior to 16.08.2011, while the complainant was traveling in the said vehicle, heavy smoke emanated from the clutch plates, eventually causing them to burn on the road itself. On 16.08.2011 at 3:00 PM, while traveling from Kurnool to Bangalore, the vehicle was involved in an accident, colliding with an auto near Yerrakatwa Cross Road, Ulindakonda Village of Kurnool District on NH-7 Road. During the accident, the airbags, expected to open and safeguard the vehicle’s occupants, failed to deploy. The front portion of the vehicle sustained severe damage, and all the occupants suffered injuries. It is alleged that the vehicle sold to the complainant by the OP-2 was defective. Following the accident, the vehicle was handed over to the OP-3 for repairs at the nearest service station. However, without providing any estimation or intimation, the OP-3 proceeded with repairs, including welding works on the vehicle’s body. Due to the negligent acts of the OP-2 & OP-3, the complainant endured considerable suffering, including reliance on hired vehicles incurring significant expenses. The complainant issued a legal notice on 22.02.2012 to the OPs (OP-1, OP-2 and OP-3), requesting the replacement of the defective vehicle with a new one and compensation for mental agony. While the OP-3 responded with false averments, the OP-1 & OP-2 remained silent. Consequently, the complainant filed a complaint seeking the replacement of the vehicle or, alternatively, a refund of its cost, compensation for mental agony, and costs incurred.

5. Vide Order dated 27.11.2014, in the CC no. 56/2012 the District Forum has—

(i) partly allowed the complaint and directed OP-1 & OP-2 to replace the vehicle to the complainant, of the same model with new one and if such vehicle is not available, to return the amount of Rs. 15,09,415/- with interest @ 9% p.a. from the date of accident (16.08.2011) till the date of payment.

(ii) Directed OP-1 & OP-2 to pay a sum of Rs. 10,000/- towards compensation for mental agony; and to pay Rs. 5,000/- towards cost of litigation to the complainant.

(iii) Dismissed the complaint against OP-3.

6. Aggrieved by the said Order dated 27.11.2014 of District Forum, Petitioner along with Respondent-2 appealed in State Commis