MAHINDRA AND MAHINDRA LTD Vs. PRAKASH SINGH

JUDGEMENT

(1.) This revision petition under Sec. 21 (b) of the Consumer Protection Act, 1986 (in short, the 'Act') assails the order of the State Consumer Disputes Redressal Commission, Haryana, Panchkula (in short, 'State Commission') in Revision Petition No. 24 of 2016 dtd. 15/9/2016 arising out of order dtd. 19/1/2016 of the District Consumer Disputes Redressal Forum, Panchkula (in short, 'District Forum') in Consumer Complaint No. 114 of 2015.

(2.) Briefly stated, the facts of the case are that on 4/6/2012 the respondent/complainant purchased a Mahindra XUV 500 vehicle bearing registration number HR-03-P-0303, chassis no. C6E86166 from respondent no. 2, an authorized dealer for the petitioner. Alleging deficiency in service since the vehicle required frequent repairs which amounted to a manufacturing defect in the vehicle, respondent/complainant filed a consumer complaint no. 86 of 2013 before the District Forum seeking refund of the entire sale consideration of Rs.12,90,697.00 with interest @ 9% and compensation on 19/6/2013. The District Forum allowed the complaint vide order dtd. 1/4/2014 and directed either replacement of vehicle or refund of the full price with interest @ 9% with effect from 4/6/2012 till payment with compensation of Rs.20,000.00. In appeal, the State Commission set this order aside on 27/8/2014 with the direction that the defects were rectifiable and which should be done to the satisfaction of the complainant, if required through replacement with new parts, after certification by 2 engineers of Mahindra and Mahindra, and additional cost of Rs.30,000.00 in addition to Rs.20,000.00 imposed by the District Forum with liberty to approach the competent forum for redressal of grievances, if dissatisfied.

(3.) In compliance with this order, a thorough inspection of the vehicle was undertaken by two engineers of Mahindra and Mahindra, the petitioner herein, and a certificate issued confirming that the issues pertaining to brake noise, left hand side (LHS) front wheel noise, vehicle pulling to right side, front suspension noise, wiper and horn problems had been addressed and that the required parts including, inter alia, brake pad kit and brake disc, front LHS shock absorber, stabilizer bar bushes, washer nozzle, replaced and wheel alignment done and horn pad adjusted and a fitness certificate issued.