HANS HUNDAI Vs. ANIL KUMAR GUPTA

JUDGEMENT

(1.) Appellant is aggrieved of the impugned order dated 2.8.2004 passed by the District Forum whereby it has been directed to replace the gear box and clutch plates which are main cause of jerking of the engine of the vehicle purchased from it by the respondent besides Rs.2,000/- towards cost of litigation.

(2.) Admittedly the vehicle No. DL4cp6996 was purchased by the respondent from the appellant on 31.10.2002. The respondent was not satisfied with the vehicle and on the next date of purchase he went to service centre of the appellant as there was lot of jerking in the car and he was asked to bring the vehicle at the time of first service. The appellant provided first service on 9.12.2002, there was a clutch problem which remained unsolved. In spite of having visited the appellant on 10.12.2002, 13.12.2002, 20.12.2002, 27.12.2002 and 31.12.2002 and lastly on 3.1.2003, the appellant failed to rectify the problem. However, the request of the respondent to replace the gear box with new one was not accepted by the appellant.

(3.) The stand of the appellant is that whenever the respondent brought the vehicle to its workshop no defect was pointed out and there were only minor defects which were rectified immediately and most of the time the respondent brought the vehicle for non-functioning of the air-conditioner.