TATA ENGINEERING AND LOCOMOTIVE CO. LTD. AND ANR.versusGAJANAN Y. MANDREKAR

A               TATA ENGINEERING AND LOCOMOTIVE
                        CO. LTD. AND ANR.
                                         v.
                         GAJANAN Y. MANDREKAR

                                   MAY 5, 1997
B
                [K. RAMASWAMY AND D.P. WADHWA, JJ.]

          Consumer Protection Act, 1986.

C        Commercial Vehicle-Found defective-Claim for compensa-
  tion-Deduction towards use1'--Compensation awarded by State Commission
  confinned by the National Commissiort--Held, when the vehicle was being
  used with the defects pointed out, the purchaser is required to be compensated
  for not being delivered the vehicle in good condition to him as per the
D wan-anty after deduction towards the use of the vehicle--ln the circumstances
   I/3rd of the compensation awarded by the Commission be deducted towards
  the user of the vehicle--For the rest of the amount, order of the Commission
  is confinned.

          CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3620 of
E 1997.

          From the Judgment and Order dated 23.9.96 of the National Con-
    sumers Disputes Redressal Commission, New Delhi in P.A. No. 784 of
    1994.
F         F.S. Nariman, Ravinder Narain, Aditya Narain and Amitabh Marwah
    for JBD & Co. for the Appellants.

          A.K. Goel and Sheela Goel for the Respondent.

G         The following Order of the Court was delivered :

          Leave granted. We have heard the counsel on both sides.

        This appeal by special leave arises from the Order, made on Septem-
  ber 23, 1996 passed by the National Consumer Disputes Redressal Com-
H mission in P.A. No. 784/94.
                                         80
              TATAENGG.&LOCOMOTIVECO. v. G.Y.MANDREKAR                          81

            The respondent had booked commertial vehicle, more commonly               A
     known as a 'Tipper Truck' with registration No. SK 1210/B/36 on May 7,
     1991. He purchased the vehicle after securing loans from a nationalised
     Bank on usual commercial rate of interest. After running the vehicle as
     driver-cum-owner for 9000 kms., it was found that the tyres were worn out
     completely, front axil pins of the vehicle were not fixed properly; at a speed   B
     of 40 kms. per hour the vibration of the vehicle (empty) was very high as
     the cabin was completely loose etc. He mentioned these defects in his letter
     dated March 10, 1992, after eight months. Subsequently, he reiterated the
     same in his different letters addressed to the agent, through whom he had
     purchased the vehicle. Finally, by letter dated May 2, 1992, after intimating    C
     that in spite of running the vehicle for 18000 lo 18500 Kms., despite repairs,
     the vehicle continue to give the same trouble. In spite of the warranty of
     service~ the trouble was not done away. Accordingly, he filed a complaint
     with the State Commission. The Commission after considering the evidence
     and hearing the counsel on both sides, found that the appellant was liable
     to pay a total amount of Rs. 4,81,132-17 with interest at the rate of 18%        D
     per annum w.e.f. July 28, 1992. That was confirmed on appeal by the
     National Commission. Thus this appeal by special leave.


             /Shri F.S. Nariman, learned senior counsel appearing for the appel- E
       !ant contends that the appellant is not so much on the quantification of the

..     damages awarded in this case; rather, they want to vindicate the principle
       on which the damages are awarded in such type of complaints. According
       to him, the complaint was laid after 8 months from the date of the delivery;
       that too after the vehicle was used to cover a distance of 18000 to 18500
       km.; the complaint was laid in August 1992. When the Commissioner
                                                                                    F
       appointed gave his report on April 10, 1993, the vehicle had cover a
       distance of 65000 kms. The State Commission passed the order on Septem-
       ber 24, 1994 by which date a further distance of more than another 25000
       to 30000 kms. would have been run. Under these circumstances, propor-
       tionate deduction for use of the vehicle would have been given. We find G
       force in the contention. It is not the case that during the said period the
       vehicle was kept us~d. When the vehicle was being used with the same
       defects as pointed out, necessarily the purchaser is required to be compen-
     . sated for not delivering the vehicle in good condition as per the warranty
       after deduction towards the use of the vehicle. In view of the facts and H
    82                    SUPREME COURT REPORTS [1997] SUPP. 1 S.C.R.

A circumstances, we think that 1/3rd of the compensation awarded by the
    Commission may be deducted towards the user of the vehicle for the period
    in question. For the rest of the amount, the order of the Commission is
    confirmed.

           The appeal is accordingly allowed in part. No costs.
B
    R.P.                                                          Appeal allowed.