KINETIC ENGINEERING LTD Vs. SHASHI DHAR SHARMA

JUDGEMENT

(1.) The appellant is a manufacturer of the vehicle - Challenger Motor Cycle, which was purchased by the complainant/respondent for Rs.41,970/-. The vehicle was having wobbling problem since beginning. This defect was brought to the notice of respondent No.2, the dealer. The respondent No.1 took the vehicle to respondent No.2 as many as 10 times beginning from 18.7.2001 to 1.6.2002 but the said defect could not be rectified. The battery supplied by the respondent with the vehicle was found to be manufactured in September, 1999 which was almost two years old as the vehicle was sold on 4.7.2001. The battery stopped working in June 2002. The respondent even refused to entertain the claim of respondent No.1 by telling him that it was 33 months old. On account of deficiency in service the appellant was directed to refund the cost of the vehicle with interest @ 9% vide order dated 20.2.2004. The said order has been assailed by the appellant solely on the ground that the learned District Forum has jumped to the conclusion without obtaining technical expert opinion whether the vehicle is having manufacturing defects or not.

(2.) On the face of it the contention of the appellant has no substance as the consumer is only concerned with the quality of the vehicle and the service provided by the manufacturer and the dealer through whom the vehicle is sold. No consumer is expected to take a new vehicle time and again and in this case the respondent No.1 took his vehicle on as many as 10 occasions and the first occasion was hardly after 14 days of its purchase but the appellant could not rectify the defect of wobbling. It was for the appellant to produce the technical expert in support of their contention that it was not a manufacturing defect or that the battery supplied by them was not two years old. This is not only gross deficency in service, but unfair trade practice also. There is not ground to interfere with the impugned order. Appeal is dismised in limine. The FDR furnished by the appellant along with the appeal be returned to the appellant forthwith. A copy of this order, as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to record room.