HYUNDAI MOTOR INDIA LIMITED Vs. MANISH SACHDEVA

JUDGEMENT

(1.) This appeal has been filed under Section 15 of the Consumer Protection Act, 1986 against the order dated 26.11.2014 passed by the District Consumer Disputes Redressal Forum, Haridwar (herein-after to be referred as 'The District Forum') in consumer-complaint bearing No. 547 of 2014 titled as Manish Sachdeva vs. M/s Sant Hyundai & Anr., whereby the consumer-complaint was allowed as against O.P. No. 2 and ordered that in case the complainant hands-over the vehicle in question to O.P. 1 within 15 days, the O.P. No. 2 shall pay compensation in the sum of Rs. Ten Lac to the complainant, well within the next 15 days.

(2.) The facts relevant for the disposal of the appeal are that the Hyundai Xcent (s) petrol car bearing Registration No. UK08-AG-8668 was purchased by the complainant from the dealer O.P. No. 1 on 10.08.2014 for Rs.5,40,961/- which was manufactured by O.P. No. 2. At the time of taking the car to the complainant's house, it was raining heavily & as a result thereof wind shield / screen glass lost visibility and shady / patch marks were seen thereon. O.P. No. 1 was requested to replace the car, but nothing could be done. Complaint of low mileage was also brought to lime-light. The matter relates to the Manufacturing Defect of the vehicle. As such, the complaint was lodged with the prayer for the replacement of car by a new one alongwith the damages.

(3.) Opposite Party No. 1 resisted the claim & pleaded that during rains, wiper was not used which caused the screen glass as dim. The answering opposite party is always ready to replace the screen glass as per warranty conditions. The point of alleged manufacturing defect pertains to the domain of manufacturer - Opposite Party No. 2. No deficiency in service has been done at the end of Opposite Party No.1.