First Appeal No. 628 of 2009. Case: Matta Automobiles Bharat Petroleum Corp. Ltd. Vs Brij Mohan. Delhi State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. 628 of 2009 |
| Judges | S.A. Siddiqui, Member (J) and S.C. Jain, Member |
| Issue | Consumer Protection Act, 1986 - Section 15 |
| Citation | III (2014) CPJ 85 (Del.) |
| Judgement Date | May 30, 2014 |
| Court | Delhi State Consumer Disputes Redressal Commission |
Order:
S.A. Siddiqui, Member (J)
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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 lot of inconvenience, mental pain and agony he decided to file a consumer complaint. He sent registered legal notice dated 28.7.2007 to OP/appellant which was duly tendered consumer complaint was filed against which the OP/appellant filed written statement. The OP/appellant maintained that no cause of action accrued to the complainant and he wrongly filed the complaint which is liable to be dismissed. There was no negligence on the part of the OP/appellant or petrol pump operator. The complainant should himself have been vigilant. He cannot attribute negligence on the part of the petrol pump owner/operator. From outer appearance one cannot make out whether a car is a diesel or petrol car. He should not have stopped his car at a diesel dispensing unit. There was no sticker at the opening cork indicating diesel/petrol. Moreover, the petrol pump sells Bharat Petroleum Products such as speed petrol, diesel, higher diesel...
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