OBERAI HYUNDAI Vs. R.P. MAMGAIN AND ORS.

JUDGEMENT

(1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 30.01.2010 passed by the District Forum, Haridwar in consumer complaint No. 349 of 2008. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellant and respondent No. 2 - opposite parties to pay compensation of Rs. 25,000/ - to the respondent No. 1 - complainant within one month from the date of the order. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that the complainant had purchased a Hyundai Santro G.L. car from the opposite party No. 1 on 28.11.2007. The said car was allotted registration No. UK08 -K -8341. It was alleged that since the date of its purchase, the said car is not functioning properly and there is manufacturing defect in the car. It was also alleged that the defects in the vehicle were brought to the knowledge of the opposite parties, but the same were not removed. It was further alleged that the vehicle went defective again and again and the defects in the vehicle were not cured/removed by the opposite parties. Thus, the complainant filed a consumer complaint against the opposite parties before the District Forum, Haridwar.

(2.) THE appellant - opposite party No. 1 filed written statement before the District Forum and pleaded that the complainant used to keep his vehicle idle for long without using the same or starting the same, which resulted in discharge of the battery; that as a goodwill gesture, the battery of the vehicle was replaced free of cost; that the complainant did not adhere to the required instructions; that on check -up of the vehicle, the same was found in perfect condition; that the defects in the vehicle were duly removed/rectified by them and that there is no manufacturing defect in the vehicle.

(3.) THE District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 30.01.2010 in the above manner. Aggrieved by the said order, the appellant has filed the present appeal.