RAJ KUMAR Vs. TAYAL INDIA MOTORS PVT LTD

JUDGEMENT

(1.) The petitioner/complainant purchased a Tata Nano Lx Car on 31.01.2011 from the respondent / OP Tayal India Motors Private Limited. According to the complainant, at the time of sale, the respondent / OP had assured him that the vehicle would be of 2011 model but when the car was handed over to him, he found that it was a 2009 model and not a 2011 model. The complainant after serving a legal notice upon the opposite party approached the concerned District Forum by way of complaint.

(2.) The respondent / OP did not appear before the District Forum and, therefore, was proceeded exparte. Vide order dated 12.07.2013, the District Forum on perusal of the sale certificate Exhibit C-1 noted that a vehicle 2009 model was sold to the complainant on 31.01.2011 and accordingly directed the OP to replace the said vehicle by a brand new Tata Nano Car of 2013 model. The respondent/opposite party was also directed to pay ?10,000/- as compensation and ? 2200/- as litigation expenses to the complainant.

(3.) Being aggrieved from the order of the OP approached the State Commission by way of an appeal. The State Commission vide its order dated 20.05.2014 allowed the appeal filed by the respondent and dismissed the complaint. Being aggrieved from dismissal of this complaint, the complainant has approached this Commission by way of present revision petition.