TRILOCHAN SINGH Vs. JAGDISH CHANDRA KHATRI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 17.3.2001 passed by District Consumer Forum, Pratapgarh in Complaint Case No.274 of 2000. The facts of the case as stated are that the complainant Jagdish Chandra Khatri purchased a Bajaj Scooter Chetak in the year 1996 from the opposite party M/s. Mehar Automobile, Sultanpur. This scooter No. UP 72-A 2009 was registered with the Transport Authority. In the first week of October, 2000, the scooter due to the manufacturing defect was broken into two parts and nephew of the complainant who was driving the scooter was badly injured in the accident. There was an agreement between the two parties that in case there was any manufacturing defect in the scooter, the opposite party was liable to replace the scooter or pay to the complainant the cost of the same. The complainant, therefore, lodged a claim before the District Forum for seeking direction to the opposite party that the scooter in question be replaced or the cost paid for it be refunded to him. A compensation of Rs.5,000/- was also claimed.

(2.) The opposite party inspite of the notice did not appear before the District Forum and the complaint proceeded ex parte.

(3.) The complainant led evidence before the District Forum and after hearing the complainant the case was decreed by the District Forum directing the opposite party to replace the scooter and in the alternative to refund the price of the same. The District Forum directed compliance of the order within a period of 15 days failing which 18% interest was also payable.