LAWS(NCD)-2013-9-4

V. RAJENDRAN NAIR Vs. MANAGING DIRECTOR

Decided On September 05, 2013
V. Rajendran Nair Appellant
V/S
MANAGING DIRECTOR Respondents

JUDGEMENT

(1.) IN OP No.47 of 2002, the Kerala State Consumer Disputes Redressal Commission has dismissed the complaint filed by the present appellant. It has held that the Complainant has failed to establish the case set up by him. Aggrieved by this order of the State Commission, Complainant Shri V.Rajendran Nair has filed the present appeal before this Commission.

(2.) THE case of the Complainant before the State Commission related to alleged manufacturing defects in a Tata Lorry purchased by him on 31.3.1999. According to him, the vehicle suffered from manufacturing defects in several areas including the braking system, electric fittings and the pulling power. Having failed to obtain satisfactory rectification of the alleged defects, the Complainant first issued a legal notice in February, 2002 and then followed it up with a consumer complaint in June, 2002. It made the following prayer: -

(3.) THE State Commission appointed Shri Vijaykumaran Nair Ex -Chief Engineer, Government of Kerala as the expert, and considered his detailed report together with objections of OPs to the findings therein and other evidence. The conclusion reached by the State Commission can be briefly listed as: