MAHINDRA & MAHINDRA LIMITED Vs. MANOJ KUMAR SHARMA

JUDGEMENT

(1.) The present Revision Petition has been filed under Sec. 58(1)(b) of the Consumer Protection Act, 2019 (the 'Act') against impugned order dtd. 9/6/2022, passed by the State Consumer Disputes Redressal Commission, UP Lucknow ('State Commission') in First Appeal No. A/570/2017. In this Appeal, the Petitioner/OP-1 appeal was dismissed, thereby affirming the Order dtd. 22/2/2017 passed by the District Consumer Disputes Redressal Forum, Ghaziabad ('District Forum') in CC No.149 of 2014.

(2.) For the convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.

(3.) Brief facts of the case, as per the Complainant, are that he purchased a Mahindra XUV-500 JC Car Regn No.UP-14 BN 0044 from the Respondent No.2/OP-2 on 7/12/2011 for Rs.13,32,000.00. Ignition, braking, light and auto central lock faults started surfacing soon after the car was purchased. OP-2 promised to remove the faults after the first service. However, they persisted and, even after repeated notifications to OP-2, only assurances were given. As a result, the vehicle got damaged in accident. The problem with the ignition persisted when on 19/12/2012 the vehicle crashed, and the Complainant and its driver narrowly escaped. On being informed, OP-2 got the car towed and it was repaired. However, the faults persisted. The ignition, braking light, auto central lock and clutch were impaired on 14/3/2013. The information was given, but OP-2 gave only assurances, and the vehicle was not repaired. Further, as the brakes were worn out numerous times, OP-2 picked up the car by crane and returned after assurance of repair. But the vehicle was not functioning properly. He requested them to replace the vehicle but OPs did not pay any heed despite legal notice dtd. 20/3/2013. Being aggrieved, he filed a complaint before the District Forum.