CMPL Vs. JASVINDER SINGH

JUDGEMENT

(1.) This is an appeal filed against order dated 7.1.2004 passed by District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter referred to as the District Forum) in Complaint Case No.865 of 2001, Jasvinder Singh V/s. CMPL and Another.

(2.) The respondent/complainant purchased a Kinetic two-wheeler bearing chassis No.30026529, Engine No.30021234 manufactured by the Kinetic Engineering Limited, appellant No.2 from appellant No.1 -CMPL, a dealer of the manufacturer at Chandigarh on 16.10.2000 for a sum of Rs.28,250/- vide Annexure C-1. It is alleged that the complainant purchased the said two-wheeler for being used by her daughter who was studying and attending besides college, tuition classes. The said two-wheeler suffered from various defects including the problem of starting the vehicle. It is further alleged that the said two-wheeler had to be taken to the workshop of the appellants several times, the details of which are given in Para 1 of the complaint, which shows job card numbers and the dates beginning from 30.11.2000 upto 13.7.2001 and the number of visits are ten. The respondent/complainant spent a sum of Rs.350/- per visit for taking the two-wheeler to the workshop of the appellants several times, the details of which are given in Para 1 of the complaint, which shows job card numbers and the dates beignning from 30.11.200 upto the 13.7.2001 and the number of visits are ten. The respondent/complainant spent a sum of Rs.350/- per visit for taking the two-wheeler to the workshop of the appellants.

(3.) Apart from this, the respondent/complainant and his daughter suffered considerable physical harassment and mental agony. The two-wheeler had covered only a distance of 5300 kms. The complainant prayed for compensation of a sum of Rs.15,000/- for mental and physical harassment and also prayed for replacement of the vehicle, aforesaid, on account of having manufacturing defects in it.