ALOK GUPTA Vs. DEUTSCHE MOTOREN PVT. LTD

JUDGEMENT

(1.) The present Appeal Execution has been filed by Mr. Alok Gupta (hereinafter referred to as Appellant/Complainant) against the Order dated 02.04.2018 passed by the Delhi State Consumer Disputes Redressal Commission (hereinafter referred to as State Commission), whereby the Execution Application No. 20 / 2017 filed by the Appellant had been disposed of as satisfied.

(2.) Brief facts of the case are that the Appellant/Complainant purchased a BMW CKD 320d LCI(CE) Car manufactured by M/s. BMW India Pvt. Ltd. (hereinafter referred to as the Respondent No.2 Manufacturer) from M/s. Deutsche Motoren Pvt. Ltd. (hereinafter referred to as the Respondent No.1 Dealer). Within a span of a week after taking the delivery of the vehicle, it started giving numerous troubles.Despite reporting the troubles to Respondent No.1 Dealer, the troubles were not removed.Alleging Deficiency in Service and Unfair Trade Practice on the part of the Respondents, the Appellant filed a Consumer Complaint before the State Commission.Vide Order dated 14.03.2013, the State Commission partly allowed the Complaint in following terms:-

(3.) Feeling aggrieved, both the Parties preferred separate Appeals before this Commission, i.e., FA No. 690 / 2013 was filed by the Appellant/Complainant with a prayer for refund of a sum of ?25,20,470/- paid by him as sale consideration for the vehicle, with interest @18% p.a. from the date of purchase, i.e., 15.02.2010, till realization, FA No. 485 / 2013 was filed by the Respondent No. 2 Manufacturer for setting aside the impugned Order.Vide Order dated 28.02.2017, this Commission allowed the Appeal, FA No. 485 / 2013, preferred by the Manufacturer and dismissed the Appeal, FA No. 690 / 2013 filed by the Complainant by observing as under:-