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The Manager, Apco Automobiles Pvt. Ltd., Patterkulam, Narukara (P.O), Manjeri v/s Rasak & Others


Company & Directors' Information:- N E C C AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1991PTC043600

Company & Directors' Information:- C M AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300CH2005PTC028233

Company & Directors' Information:- J P M AUTOMOBILES LIMITED [Active] CIN = U74899DL1995PLC068910

Company & Directors' Information:- K N AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50404OR2013PTC016730

Company & Directors' Information:- J AND K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50401JK2004PTC002447

Company & Directors' Information:- K. S. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300RJ2009PTC028204

Company & Directors' Information:- K N R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300WB2006PTC111199

Company & Directors' Information:- APCO AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50100KL2007PTC020902

Company & Directors' Information:- K P AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50404JH2012PTC000824

Company & Directors' Information:- Y J AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50401MP2013PTC031920

Company & Directors' Information:- N S AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50102MH2012PTC226814

Company & Directors' Information:- S K S AUTOMOBILES INDIA PRIVATE LIMITED [Strike Off] CIN = U50100TZ2009PTC014979

Company & Directors' Information:- J D AUTOMOBILES PVT. LTD. [Strike Off] CIN = U34300WB1987PTC042066

Company & Directors' Information:- B K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50200AP2009PTC064484

Company & Directors' Information:- N. K. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50102GJ2006PTC049307

Company & Directors' Information:- G M S AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50101DL1997PTC089284

Company & Directors' Information:- N U AUTOMOBILES PVT LTD [Active] CIN = U74899DL1982PTC013126

Company & Directors' Information:- D K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U29246CH1989PTC009607

Company & Directors' Information:- K Y AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400JK2021PTC012549

Company & Directors' Information:- A K AUTOMOBILES LIMITED [Amalgamated] CIN = U34100WB1984PLC038001

Company & Directors' Information:- A AND S AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U51103DL1997PTC085147

Company & Directors' Information:- M. H. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50200HP2015PTC000946

Company & Directors' Information:- R. K. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071719

Company & Directors' Information:- R. J. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50100BR2020PTC047409

Company & Directors' Information:- M R AUTOMOBILES (INDIA) PRIVATE LIMITED [Active] CIN = U34300DL1998PTC094488

Company & Directors' Information:- V. M. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U35911UP1995PTC018136

Company & Directors' Information:- P D AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400RJ2021PTC074633

Company & Directors' Information:- A R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50404PY2011PTC002555

Company & Directors' Information:- K P V AUTOMOBILES PVT LTD [Active] CIN = U50300KL1991PTC006035

Company & Directors' Information:- J B S AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34101OR2005PTC008397

Company & Directors' Information:- S. N. S. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50500WB2018PTC224868

Company & Directors' Information:- M P AUTOMOBILES PVT LTD [Strike Off] CIN = U50404MP1957PTC000842

Company & Directors' Information:- G. E. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400DL2018PTC341171

Company & Directors' Information:- P K AUTOMOBILES PVT LTD [Strike Off] CIN = U50300UP1979PTC004841

Company & Directors' Information:- P L AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300RJ2014PTC046516

Company & Directors' Information:- S G K R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U60210TN1960PTC004283

Company & Directors' Information:- N R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50400MH2014PTC255882

Company & Directors' Information:- S. N. J. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400MH2017PTC299238

Company & Directors' Information:- M R K AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50102UP2011PTC045868

Company & Directors' Information:- I B AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U29253DL2008PTC172205

Company & Directors' Information:- T K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC017940

Company & Directors' Information:- V R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U34200DL2007PTC170076

Company & Directors' Information:- K T AUTOMOBILES PVT LTD [Strike Off] CIN = U99999UP1959PTC002730

Company & Directors' Information:- M B AUTOMOBILES PVT LTD [Strike Off] CIN = U35923WB1966PTC026743

Company & Directors' Information:- B M AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50200DL2007PTC162611

Company & Directors' Information:- H A AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34102DL2007PTC163030

Company & Directors' Information:- P A AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34101DL2007PTC161483

Company & Directors' Information:- K G AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34200DL2007PTC162859

Company & Directors' Information:- P R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34201DL2007PTC161053

Company & Directors' Information:- AUTOMOBILES PVT. LTD. [Strike Off] CIN = U99999DL2000PTC000916

    Appeal No. 743 of 2017

    Decided On, 30 November 2017

    At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram

    By, THE HONOURABLE MR. JUSTICE S.S. SATHEESACHANDRAN
    By, PRESIDENT & THE HONOURABLE MR. V.V. JOSE
    By, MEMBER

    For the Appellant: K.S. Arundas, Advocate. For the Respondent: -----------



Judgment Text

S.S. Satheesachandran: President

First opposite party in CC.428/14 has filed this appeal challenging the order of the Consumer Disputes Redressal Forum (for short District Forum) Malappuram directing opposite parties 1 to 3 as indicated hereunder.

a. To get the vehicle repaired by challenging the ‘half engine’ in warranty as agreed upon by opposite party No.1 in Ext.A1 and also make all the necessary repairs to the vehicle.

b. The complainant is directed to give the required permission to opposite party No.1 in writing for repairing the vehicle within 7 days of the receipt of copy of this order.

c. Opposite party No.1 to opposite party No.3 are directed to get the vehicle repaired within 15 days of the receipt of the permission of the complainant for getting the vehicle repaired.

d. The opposite parties 1 to 3 shall not collect any repairing charges from the complainant for getting the vehicle repaired and making it road worthy and

e. The opposite parties 1 to 3 shall not collect any amount from the complainant as carriage rent.

2. Complainant alleging deficiency of service and also manufacturing defect over a motor vehicle purchased from the dealer, the first opposite party/appellant, fileD the complaint impleading the manufacturer and also two of its Area Managers, for issue of directions for replacement of vehicle or refund the value thereof, and also for payment of compensation and cost. His claim was resisted by the opposite parties. First and fourth opposite parties filed separate versions and 2nd and 3rd opposite parties filed joint version. Opposite parties have challenged the claim of complainant as unsustainable.

3. On the materials placed by both sides and also hearing the counsel Forum below concluded that the vehicle had no manufacturing defect and therefore the prayer for direction to replace the vehicle or refund of the value does not arise. In that view of the matter claim of compensation of Rs.3,00,000/- canvassed by the complainant was repelled. However, the Forum analyzing the facts and evidence arrived at the finding that there was deficiency of service on the part of opposite parties 1 to 3 in repairing the vehicle and in that view of the matter directions were issued to repair of the vehicle as indicated earlier.

4. The learned counsel appearing for the first opposite party appellants argued before us that the 2nd and 3rd opposite parties are not co-operating for complying with the Order and as such it is unable to bear the entire expenses required for carrying out the repair of vehicle as directed by the Forum. We find from the perusal of the Order that the appellant had agreed to change the half engine of the vehicle under warranty stating that they have obtained sanction from 3rd opposite party, the manufacturer, and permission from complainant alone was required case. Taking into account the above aspect the Forum has passed the Order with directions as indicated above. That Order is binding not only on the appellant but also 2nd and 3rd opposite parties. Joint and several liability has been cast upon the op

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posite parties and if 2nd and 3rd opposite parties are not co-operating remedy of the first opposite party is not by way of appeal but lies elsewhere, but that would arise only after complying with the order of the Forum. In the facts and circumstances of the present appeal we do not find any merit in the appeal and it is dismissed as not admitted.
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