(1.) This is an appeal against the order dated 12.6.2003 passed by the District Forum, Hardwar whereby the appellant was directed to refund the price of the vehicle to the complainant along with compensation and cost of litigation.
(2.) The brief facts of the case are that the complainant Ms. Jamna Sharma purchased a 3g Moped from opposite party No.1, while opposite party Nos.2 and 3 are Manufacturer and Marketing General Manager of the company. The purchase was made on 18.3.2000. The warranty period was for one and half years. The complaint has been filed on 19.1.2002 and the vehicle is permanently in use of the complainant. She has alleged that there were manufacturing defects from the very time of purchase. The pick up was not proper, silencer was defective and it always troubled in starting. The engine used to make noise and there was bubbling. It consumed high petrol. The complainant was assured by the appellant that the defects shall be removed after servicing but they have never been removed, therefore, the complainant filed the complaint for the refund of the price after taking the vehicle.
(3.) The opposite party filed written statement and alleged that the complainant has got no driving licence. She has got no experience of driving the vehicle. There was no manufacturing defect and whenever any minor defect was found, it was removed at the time of servicing. It is alleged that a service engineer was sent at the house of the complainant. He removed all the defects and on being satisfied, the complainant herself endorsed about her satisfaction.