MOMNA GAURI Vs. REGIONAL MANAGER

JUDGEMENT

(1.) Leave granted. In this appeal, the Appellant has prayed for setting aside order dated 4.4.2012 passed by the National Consumer Disputes Redressal Commission (for short. 'the National Commission') in Revision Petition No. 3642/2009 whereby the directions contained in the order passed by District Consumer Disputes Redressal Forum. Morena (for short, 'the District Forum') in CC No. 119/2007 were substantially modified.

(2.) The Appellant, who is a physically challenged person, purchased a Vikram 750 Delux three wheeler auto from Nawal Auto Sales, Morena (respondent No. 3) by availing loan of Rs. 1,95,000/-. She started plying the vehicle for earning her livelihood. When the vehicle was serviced by the dealer, i.e., Respondent No. 3, the Appellant noticed cracks in the chassis. She brought this to the notice of Respondent No. 3 and demanded replacement of the vehicle with new one. However, instead of making available new vehicle, Respondent No. 3 got the cracks repaired and returned the vehicle to the Appellant. After some time, the chassis of the three wheeler again broke. This time, the dealer neither carried out the repairs nor replaced the vehicle.

(3.) The Appellant served legal notice dated 09.08.2007 upon the Respondents and claimed replacement of the vehicle and compensation of Rs. 10,000/-.