VIJAY MALHOTRA Vs. MARUTI UDYOG LTD

JUDGEMENT

(1.) The present appeal, filed by the appellant, under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is directed against order dated 30.1.2001, passed by District Forum, Kasturba Gandhi Marg, New Delhi in Complaint Case No.247/98 entitled Shri Vijay Malhotra V/s. M/s. Maruti Udyog Ltd. and Anr.

(2.) The facts, relevant for the disposal of the present appeal lie in a narrow compass. The appellant Shri Vijay Malhotra had filed a complaint before the District Forum under Sec.12 of the Act averring that he had purchased a Maruti Zen Car, bearing No. DL 8c-C 5097, manufactured by respondent No.1, from respondent No.2 for Rs.3,56,661.19 paise on 17.5.1997. The grievance of the appellant in the complaint, in nutshell, was that the car, so purchased by him, was a defective piece and, therefore, in the complaint, filed by him, he had claimed replacement of the defective car or in the alternative refund of the price of the car together with reimbursement of the expenses incurred by him in the repair of the car, amounting to Rs.5,000/-. The appellant had also claimed a compensation of Rs.50,000/-.

(3.) The claim of the appellant in the District Forum was resisted by the respondents and the respondents in their reply/written version while denying the allegations stated that the appellant was not entitled to any replacement of the vehicle nor the cost of the same as the vehicle was not defective and as when the appellant lodged a complaint about the vehicle, the same was attended to with due promptitude.