ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

M/s Joshi Auto Zone Pvt. Ltd., Registered Office: Plot No.84-85, Industrial Area, 2, Chandigarh-160002, through its Managing Director / Person-in-charge.

Now through its authorized person and person-incharge i.e. Service Manager Sh. Rajiv Satti.

……Appellant/opposite party no.1

V e r s u s

1. Mr. Dev Inder Singh Sohal S/o Late Sh. Nirmal Singh, resident of Kothi No.2493, Phase-11, Mohali (Punjab).

2. M/s Mercedes Benz India, Head Office, E-3, MIDC Chakan, Phase-III, Shakan Industrial Area Kurali &Nighoje Chakan, Maharashtra, India PIN-410501, through its Managing Director/Officer in charge.…..Respondents/Opposite parties

BEFORE: JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

MRS. PADMA PANDEY, MEMBER

Present:-

Sh. Rajesh Verma, Advocate for appellant alongwith Sh.Rajiv Sati, Front Office Manager of the appellant.

Sh. Dev Inder Singh, respondent no.1 in person.

Sh.Arun Kumar and Sh.Varun Bhardwaj, Advocates for respondent no.2-on VC.

JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

This appeal has been filed by the opposite party no.1 (appellant) as he is aggrieved by the relief granted against it by the District Consumer Disputes Redressal Commission-I, U.T., Chandigarh (hereinafter referred to as the District Commission) vide order dated 24.07.2024 passed in Consumer Complaint No.610/2022, as under:-

“….In view of the above discussion, the present consumer complaint succeeds and the same is accordingly allowed. OP No.1 is directed as under:-

i. to refund the deposited amount of Rs.49,900/- to the complainant alongwith interest @ 9% per annum (simple) from the date of deposit till onwards.

ii. to pay the cost of missing airbags to the tune of 99000/- (Rs.1,98,0000/- minus 50% towards depreciation) to the complainant alongwith interest @ 9% per annum (simple) from the date of filing the complaint till onwards.

iii. to return the car in question to the complainant in the same condition as was delivered by the complainant on 15.7.2021 without charging anything from the complainant.

iv. to pay Rs.30,000/- as compensation for causing mental agony and harassment;

v. to pay 10,000/- to the complainant as costs of litigation.

This order be complied with by the OP No.1 within a period of 45 days from the date of receipt of certified copy thereof, failing which the amount(s) mentioned at Sr.No.(i), (ii) &(iv) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days, instead of 9% [mentioned at Sr.No.(i)&(ii)], till realisation, apart from compliance of directions No.(iii)& (v).

13. Complaint qua OP No.2 stands dismissed..”

Brief facts of the consumer complaint:-

Before the District Commission it was the case of the complainant that he is the registered owner of a Mercedes Benz car bearing registration No. CH-01-AH-1234. On 15.07.2021, he approached the workshop of Opposite Party No.1 with a complaint regarding the problem of gear shifting in the said vehicle. Opposite Party No.1 examined the car and prepared a job card and asked the complainant to contact them on 17.07.2021 for the result of the diagnosis to be carried out through company-approved devices. The complainant also paid an amount of Rs.10,000/- towards diagnosis charges. On visiting the workshop on 17.07.2021, the complainant was informed that there was a defect in the control unit of the car which was affecting the gear shifting and that the said control unit was required to be imported from Germany along with certain other parts at an estimated cost of Rs.3,18,224.22, as mentioned in the service estimate dated 17.07.2021. However, the diagnosis report was never supplied to the complainant. The complainant agreed to the proposal of Opposite Party No.1. Thereafter, on 05.09.2021, the complainant received a call from Opposite Party No.1 stating that the control unit and other parts had been received and fitted in the car but the problem of gear shifting stil