ARJUN MOTORS PVT LTD Vs. JAGBIR SHARMA

JUDGEMENT

(1.) In this revision petition filed by the petitioner , there is challenge to order dated 28.5.2009, passed by Haryana State Consumer Disputes Redressal Commission, Panchkula (for short 'State Commission').

(2.) Brief facts of the case are that respondent no.1/complainant purchased a mini four wheeler No.HR-38K-5372 from respondent no.2/opposite party no.1 on 18.8.2004. Respondent no.2 is the authorized dealer of petitioner/opposite party no.2 who is manufacturer company of the said four wheeler. Respondent no.2 has given the warranty/guarantee for six months from the date of sale of the vehicle or 8,000 kilometer whichever is earlier. The vehicle was duly got insured. It is further stated that respondent no.1 has purchased the said vehicle from respondent no.2 from Balladgarh but they have intentionally issued the receipt of their head office at Gurgaon with malafide intention and further service book has not been supplied to the respondent no.1, even on demand.

(3.) Respondent no.1 has also alleged that at the time of first service i.e. within 15 days from the date of purchase, due to acute manufacturing defect, the gear box of the said vehicle started leaking. There was no pick-up in the vehicle and hand break stopped working and further there was leakaging in the brake, cross in the main shaft has been damaged, besides that there were other manufacturing defects in the vehicle. In these circumstances, respondent no.1 has claimed that petitioner and respondent no.2 are liable to take back the defective vehicle and to refund the amount of Rs.2,26,760/- along with interest @ 24% p.a. from the date of its purchase and further Rs.1 lakh on account of damages, mental agony and harassment besides litigation expenses.