VIJAY KUMAR SHARMA Vs. SOUTH CITY MOTORS LTD

JUDGEMENT

(1.) The complainant in this case who is petitioner herein, purchased a Ford Icon 1.6 Sxi Oyster Silver car from the respondent/OP Co. for a total sum of Rs. 6,83,734/- against which the OP offered a discount amounting to Rs. 98,339/- leaving a net amount payable by the complainant for the purchase of a car to Rs. 5,85,395/-. Out of this amount, the payment was made partly by the complainant himself and partly through a loan of Rs. 3 lakhs taken by the complainant from the OP Co. , which was repayable in Equal Monthly Installment. In view of various grievances pertaining to the car purchased as also the registration certificate of the car, the complainant was constrained to lodge a consumer complaint with the District Forum praying for issuance of the following directions:-

(2.) On being noticed by the District Forum, the OP Co. appeared and contested the matter opposing the complaint against it. On appraisal of the issues and examination of the record and the evidence advanced by the parties, the District Forum accepted the complaint by its order dated 15.12.2006 by which following reliefs were granted to the complainant:-

(3.) Aggrieved by the aforesaid order of the District Forum, the OP Co. challenged the same in appeal before the State Commission, Delhi vide appeal no. 07/58. The Sate Commission did not issue notice to the complainant with reference to this appeal and decided the same on the basis of the pleadings of the parties and the rival contentions made before the District Forum and available on file and vide its impugned order dated 29.03.2007, decided to reduce the amount of compensation from Rs. 10,000/- to Rs. 5,000/- while upholding the rest of the order of the District Forum. While the appeal no. 07/58 filed by the OP/respondent was decided by the State Commission vide its order dated 29.03.2007 by slightly modifying the reliefs granted by the District Forum against the OP/respondent, another appeal had also been filed before the State Commission bearing no. 07/106 by the complainant against the same order of the District Forum. This appeal, however, came up for consideration before the State Commission later on and vide its impugned order dated 1.5.2007, the same was disposed of in terms of the following order:-