GENERAL MOTORS INDIA PVT. LTD Vs. MITALI AGGARWAL

JUDGEMENT

(1.) APPELLANT has filed this appeal against the order dated 03.07.2008 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission ') in C.C. No. C -88/2002 - Ms. Mitali Aggarwal Vs. British Motor Car Co. (1934) Ltd. & Ors. by which, complaint was allowed and OP No. 2 was directed to refund the cost of the vehicle and further to pay compensation of Rs.2,00,000/ -.

(2.) BRIEF facts of the case are that complainant/Respondent No.1 purchased Opel Astra Club Car from OP No. 1/Respondent No. 2 on the assurance that car is free from all mechanical and manufacturing defects and it has been test driven in one of the best test -tracks of the country and also tested by the technicians. Employees of OP Nos. 3&4 also assured same things. It was further submitted that since 12.02.2001, the purchased car was not running properly and despite numerous complaints to OPs, defects have not been rectified. Car is giving humming sound from the engine and it increases on starting air conditioner. It was further submitted that there was water leakage from the sunroof, steering was noisy and wobbling/play giving low average and colour of spoiler has faded. Complainant got first service of his car at the workshop of OP No. 4, but the problems still persist and car is not running properly. He has further narrated complaint numbers along with job cards and mileage, which are as follows: <FRM>JUDGEMENT_544_NCDRC_2014.html</FRM> Check noise while running, low average , steering wheel ray adjust, fuel gauge not showing full.

(3.) HEARD learned Counsel for the parties and perused record.