BAJAJ AUTO LTD Vs. NOUFAL PANNAKKAL

JUDGEMENT

(1.) APPELLANT is the opposite party/ manufacturer in OP No. 342/2001 in the file of CDRF, Kannur. The appellant and the first opposite party dealer is under orders to replace the vehicle i.e., Bajaj Scooter with a new one or to refund the value of the vehicle and also to pay a compensation of Rs. 5,000 and costs of Rs. 1,000.

(2.) THE case of the complainant is that he purchased a Bajaj Saffire Scooter from the opposite parties on 31.1.2000 for a sum of Rs. 34,543. It is his case that the vehicle was defective from the very beginning. There was starting problem. The vehicle was entrusted with the dealer a number of times. But the problems subsisted. He had to spend a huge amount for repairs. Hence he has filed the complaint seeking the return of the amount of the price paid i.e. Rs. 34,543 with interest and Rs. 25,000 as compensation towards damages.

(3.) THE opposite parties have contended that there was no manufacturing defect and that there were only minor defects which were curable during the warranty period. The vehicle is provided with electronic self starter. The defect of the starter was only because of rough use. The self motor was replaced under warranty and also other replaceable parts. It is pointed out that by 24.7.2001 the vehicle had plied 11589 kilometres i.e., within 9 months.