ARUN GULABRAO NALWADE Vs. GAJANAN AUTOMOBILES PVT. LTD

JUDGEMENT

(1.) This appeal arises out of order/award dated 11/11/2008 passed in consumer complaint no.193/2008, Arun Gulabrao Nalawade V/s. Gajanan Automobiles Pvt. Ltd., by District Forum, Satara (Forum below in short).

(2.) It is alleged by the appellant/complainant that he had purchased a Swaraz Mazda super model truck from the respondent/opposite party, who is the dealer. He had actually booked a Swaraz Mazda supreme model truck. It was not available for ready delivery and, therefore, as offered by the respondent/opposite party by way of alternate proposal, the complainant accepted to purchase and took delivery of supreme model truck. When papers were sent for registration of the truck after the body building, it was noticed by the complainant that he had given a truck manufactured in December- 2005 and not of the year 2007. Therefore, he had filed a consumer complaint inter-alia claiming replacement of truck of supreme model or alternatively to refund him price of the truck, also claimed compensation of Rs.2,62,800/- towards depreciated value of the truck and Rs.30,000/- as compensation towards mental torture and Rs.5000/- as costs. Respondent/opposite party appeared and denied their allegations leveled against them. According to them, since the truck booked was not available immediately, the complainant choose and accepted the truck of 2005 model of supreme model category. Depreciation of Rs.1 Lac was accordingly given by the complainant. After taking the delivery, complainant even availed the servicing facility on more than one occasions. Later on this consumer complaint is filed. Forum below accepting the contentions of opposite party dismissed the consumer complaint and feeling aggrieved thereby, original complainant has filed this appeal.

(3.) We heard Adv.Shri Talkute for the appellant and Adv.Shri Kedar J.Patil for respondent. He filed his vakalatnama. Taken on record. Peruse the record.