LAWS(NCD)-2004-7-292

ATUL BHARDWAJ Vs. MARUTI UDYOG LTD

Decided On July 19, 2004
ATUL BHARDWAJ Appellant
V/S
MARUTI UDYOG LTD Respondents

JUDGEMENT

(1.) Feeling aggrieved of the order dated 10.7.2001 passed by District Forum, New Delhi in Complaint Case No. OC/677/99-entitled Shri Atul Bhardwaj V/s. Maruti Udyog Ltd. , whereby the complaint of the appellant seeking replacement of the Maruti vehicle which was purchased by him from M/s. Sikand Motors or in the alternative return of the price of the car for its multifarious manufacturing defects was dismissed, the appellant has preferred this appeal.

(2.) Perusal of the impugned order shows that the District Forum has mainly relied on the job card Ex. R.1 which pertains to a date beyond the period of warranty and has observed that brake problem which the complainant had been raising again and again does not find any mention in this job card and, therefore, the respondent is not liable to carry out any repair or replace any part free of charge. Apart from this, the District Forum has also observed that defects pointed out by the appellant are not inherent defects or manufacturing defects which may warrant the replacement of the car.

(3.) The vehicle was purchased by the appellant on 9.7.1997. On 5.8.1997 i. e. , approximately after one month when the car had run about 745 kms. the appellant took it to the respondent for first service and following defects were found by the respondent itself: (i) Steering wobbling while brake apply (ii) Deaf spring noisy (iii) All doors noisy (iv) Pick up low (v) Engine missing problem (vi) Both sliding doors opening/closing hard