GEORGE THOMAS Vs. MARUTI UDYOG LTD

JUDGEMENT

(1.) Complainant Dr. George Thomas purchased a Maruti car on 18.11.2000 and felt that he was given a used car, instead of a new one by the dealer. The dealer, O.P no.3, when approached by the complainant accepted the vehicle for repairs. But, he wrote to the manufacturer, O.P no.1 to replace the vehicle. Not satisfied with the response, complainant moved the District Forum with the request that either the defective car be replaced with a new one or the price of Rs.3,76,440/- refunded to him. He also sought compensation for deficiency in service as well as cost.

(2.) The District Consumer Forum Mangalore, in its order of 13.5.2005, allowed the complaint holding the opposite parties no.1 & 2 jointly and severally responsible for the refund of sale price and pay compensation of Rs.55,000/-. In appeal no. 870/2005 against this order, the State Commission directed the opposite parties to repair the vehicle completely at their cost within four weeks of taking delivery and also extend the warranty by six months. No compensation or cost were ordered to be paid to the complainant.

(3.) The above order of the State Consumer Disputes Redressal Commission, Karnataka has been challenged in the revision petition before us substantially on the following grounds: