TEREX VECTRA EQUIPMENT PVT. LTD Vs. SH. MEHARCHAND

JUDGEMENT

(1.) COMPLAINANT /Respondent purchased a Terex Vectera vehicle manufactured by the Petitioner through opposite party no.2 - the dealer - on 29.11.2007. According to the complainant/Respondent certain technical defects appeared in the vehicle immediately after purchase. On examination of the vehicle, manufacturing defects were detected and the vehicle was lying idle in the residence of the complainant. It was alleged in the complaint that the Petitioner and the Dealer could not fix the defects in the vehicle. Thus, legal notice was issued. No remedial steps were taken by the Petitioner. Aggrieved by this, Complainant/Respondent filed the complaint before the District Forum seeking a direction to the Opposite Parties including the Petitioner to either rectify the defects or to replace the vehicle with a new one and to pay compensation and costs. Petitioner, after being served, entered appearance and took the stand that there were no manufacturing defects in the vehicle. District Forum allowed the complaint and directed the Opposite Parties including the Petitioner to replace the vehicle with a new one or to pay the sale price of the vehicle as per the purchase bill. Rs.3,000/ - were awarded by way of compensation. Opposite parties were directed to comply with the order within 30 days failing which the sale price was to carry interest @ 15% p.a. from the date of judgment till realization.

(2.) PETITIONER , being aggrieved, filed the appeal before the State Commission. The State Commission simply endorsing the finding recorded by the District Forum dismissed the appeal by observing as under: -

(3.) ON remand, the State Commission vide order dated 23.07.12 again dismissed the appeal observing as under: -