First Appeal No. 628 of 2009. Case: Matta Automobiles Bharat Petroleum Corp. Ltd. Vs Brij Mohan. Delhi State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. 628 of 2009
JudgesS.A. Siddiqui, Member (J) and S.C. Jain, Member
IssueConsumer Protection Act, 1986 - Section 15
CitationIII (2014) CPJ 85 (Del.)
Judgement DateFriday May 30, 2014
CourtDelhi State Consumer Disputes Redressal Commission

Order:

S.A. Siddiqui, Member (J)

  1. Aggrieved by order dated 19.1.2009 passed in complaint case No. 1065/2007 by DCDRF(East) Convenient Shopping Centre, Saini Enclave, Delhi, opposite party filed this appeal under Section 15 of the Consumer Protection Act 1986 (Hereinafter called the Act). The facts of the case are that complainant/respondent is owner of Hyundai Ascent car bearing No. DL2FJ-0070. On 26.6.2007, he was going to Hathras (UP) from Shakarpur (Delhi) along with his friends. On the way he went to a petrol pump namely Matta Automobiles, appellant/OP, and asked the vender/operator to fill speed diesel. However, inadvertently or by mistake the fuel operator filled petrol instead of diesel. When the complainant detected this blunder mistake he brought this fact to the notice of the owner/respondent who assured that petrol filled in the tank will be removed and that no harm to the engine of the car will be caused. He called a mechanic from Tata Telco who removed the petrol from the fuel tank of the car. The car was started. Complainant/respondent somehow reached Hathras and came back to Delhi. He had to stay at petrol pump for about 6 1/2 hours and was subjected to lot of problems. The engine of the car was also not running smoothly and was giving troubles. He therefore, took his car to Orion Automobiles Delhi Pvt. Ltd., Patparganj on 28.6.2007. The car was ultimately repaired thoroughly and a bill of Rs. 38,604 was raised by the mechanic which was paid by the complainant/respondent. Since the complainant underwent...

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