REENA BESSY Vs. TATA MOTORS

JUDGEMENT

(1.) This revision petition has been filed by Ms Reena Bessy, against the order dated 13.09.2013 of the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram ('the State Commission') in First Appeal no. 547 of 2012.

(2.) The brief facts of the case are that the complainant/ petitioner purchased TATA Safari on 16th May 2007 for an amount of Rs.8,01,063/- from respondent no.2. The vehicle started giving trouble from the very beginning of its purchase, particularly the defect was in respect of emission of black smoke from the exhaust of the vehicle as well as less pulling power in the vehicle. The OPs repaired the vehicle as and when it was brought to the workshop. However, dissatisfied with the functioning of the vehicle, the complainant requested respondent no.3 being the agent of the manufacturer TATA Motors/ respondent no.1 for replacement of the vehicle. As no response was received from the OPs, the complainant filed the consumer complaint on 03.08.2009 before the District Consumer Disputes Redressal Commission, Kannur ('the District Forum'). The District Forum vide its order dated 30.05.2012 allowed replacement of the vehicle or payment of cost of the vehicle and gave a clear finding that there were manufacturing defects in the vehicle.

(3.) Aggrieved by the order of the District Forum, the respondent no.1 TATA Motors and respondent no.3, i.e., K V R Dream Vehicles Pvt. Ltd., preferred an appeal no.547 of 2012 before the State Commission. The State Commission vide its order dated 13.09.2013 modified the order of the District Forum and ordered payment of 1/3rd of the invoice of the vehicle and Rs.5,000/- as cost of proceedings.