ROYAL AUTOMOBILES Vs. TRISHA SHARMA AND OTHERS

JUDGEMENT

(1.) BOTH these appeal Nos. 902 and 951 of 2005 filed by two of the three opposite parties and taken up together, arise from the order dated 8.4.2005 passed by the District Consumer Disputes Redressal Forum, Indore in C.C. No. 267 of 2004 directing appellants either to replace the vehicle, a scarpio car or refund of its price money Rs. 5,92,000 to complainant.

(2.) THE facts of material for these appeals and as unfolded by the evidence on records are these:

(3.) THE grievance of the complainant before the Forum below was that the vehicle suffered from manufacturing defects experienced from day one and which could not be rectified by opposite party No. 3 despite the vehicle being taken to the latter almost every month during the first year of the purchase. The allegation was denied by opposite parties through separate but similar replies and it was contended that the problems noticed were of general nature and attended to promptly. It was contended that the complainant while using the vehicle extensively did not get timely services done to the vehicle resulting into the said problems which were, however, attended properly and parts covered by the warranty were replaced free of charge. The opposite parties also challenged the jurisdiction of the District Forum Indore to hear and decide the complaint and it was contended that the vehicle being purchased at Gwalior, only the District Forum, Gwalior had jurisdiction to entertain the complaint.