BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.

FA.No.775 OF 2021 AGAINST ORDERS IN C.C.No.243 OF 2018 DISTRICT CONSUMER COMMISSION, WARANGAL Between:

Renault, Rep. by its Manager, Regional Office, 502 5^th Floor, Town Road II, Sakinaka Adheir, Kurla Road Andheri(East)-Mumbai-400059 Presently known as Renault India Pvt. Ltd., Rep. by its Legal Manager, Abha Tiwari D/o. D.P. Tiwari, Aged 33 years, Having Office at 9th Floor, Willow Square, Plot No.8,9& 10, 1^st Street, Thiru Vi Ka, Industrial Estate,]

Guindy-Tamilnadu-600032.

……Appellant/opposite party No.1 And

1. Mr. Mohammad Saleem Pasha, H/o. Valiya Bee, R/o. H.NO.84, Near Masjid, Eturunagaram Village & Mandal, Jayashankar Bhuapalpally District.

……. Respondent No.1/ complainant.

2. Renault Rep. by its Branch Manager, Sri Sri Sri Auto Cars India Pvt.Ltd., H.No.15-2-14/15/16/17, Mulugu Cross Centre, SVP Road, Warangal City & District.

…. Respondent No.2/opposite party No.2 Counsel for the Appellant/ Complainant: M/s. V. Mahesh Kumar Counsel for the Respondents /opposite parties: V. Gouri Sanakar Rao : QUORUM :

HON’BLE SMT.JUSTICE DR.G. RADHA RANI, PRESIDENT &

HON’BLE SMT.R.S. RAJESHREE, MEMBER (NON-JUDICIAL)

MONDAY, THE 2nd DAY OF FEBRUARY TWO THOUSAND TWENTY-SIX **********

Order: (PER HON’BLE SMT.JUSTICE DR.G. RADHA RANI, PRESIDENT)

01. This appeal is preferred by the opposite party No.1 U/s 41 of the Consumer Protection Act,2019 aggrieved by the order of the District Forum, Warangal in CC No.214 of 2019 dated 12.02.2020, wherein the District Forum allowed the complaint in part directing the opposite parties to replace a new Amaron battery in place of old battery and to hand over the car to the complainant and to deposit Rs.2,00,000/- towards financial loss caused to the complainant and to pay Rs.20,000/- towards mental agony and damages and to pay Rs.10,000/- towards legal expenses.

02. The parties are herein after referred as arrayed before the District Forum as complainant and opposite parties.

03. The case of the complainant was that he purchased a Renault Kwid RXL BS IV vehicle from the opposite party No.2 on 24.10.2017 with the hypothecation of Mahindra and Mahindra Finance. Opposite party No.1 was the manufacturer and the opposite party No.2 was authorized whole sale dealer of the said vehicle. The vehicle was fired in the inner part of the engine and the opposite parties repaired it with defective parts. Since the date of repair, the car was affected with low mileage problem. The car was giving only 10 kms per one- liter petrol. At the time of purchase, it was assured that the vehicle would run 25 kms per one liter. Due to the mileage problem the complainant gave the vehicle for repair to Opposite party No.2 on 20.04.2018 but the said problem was not rectified. The complainant roamed around the office of the opposite party No.2 several times but of no avail. He also approached the opposite party No.1 to pay damages of Rs.5,10,000/- or to replace the same with a new car but the opposite party No.1 dodged the matter. The complainant got issued a legal notice to Opposite parties No.1 & 2 on 29.05.2018. The complainant was regularly paying the installments to Mahindra and Mahindra Finance @ Rs.14,500/- per month. As the opposite parties failed to pay damages, or replace the said car with a new car or failed to return the car after rectifying the defect, the complainant filed the complaint seeking to pay damages of Rs.5,10,000/- from Opposite parties 1 & 2 or to replace the car with a new car, to award Rs.1,00,000/- towards mental agony and damages and to award costs.

04. As per the record, a written version was filed by opposite parties 1 &

2 admitting the purchase of car by the complainant from Opposite party No.2 on 24.10.2017 with the hypothecation of Mahindra and Mahindra Finance. They also admitted that the engine was fired and the same was got repaired by them but denied that it was repaired with defective parts. They contended that the fire accident was