BAJAJ AUTO LTD Vs. A V K NAIR

JUDGEMENT

(1.) - This appeal by the opp. party is directed against the order dated 25-6-1993 passed by the District Forum (Urban), Bangalore, in Complaint No.1309/ 91 directing the opp. party to refund to the complainant the price of the vehicle in question sold to the complainant with interest thereon.

(2.) The facts, briefly stated, are as follows: the complainant purchased a Kawasaki Bajaj bike KB RTZ 100 from the authorised dealer of the opp. party on 22-11-1990. The complainant averred that even at the time of delivery of the vehicle from the show room itself the vehicle showed up some problems like those with the gears, leakage of oil of from the engine, shaking of the wheel drum, erratic functioning of the horn etc. The complainant brought these facts to the notice of the opp. party by his complaints dated 19.12.1990 and 16.3.1991. The opp. party wrote the complainant on 31.12.1990 asking him to meet the service engineer. Even though the service engineer effected certain repairs but the vehicle persisted to give the trouble. The complainant in the affidavit had averred that even on 22.1.1993 there was leakage of oil from the engine, slipping of gear, sound coming from the engine, wobbling of the rear wheel etc. He has further averred that the vehicle was giving low mileage and the rear portion of the vehicle was broken. As the authorised dealer did not attend to these grievances the complainant filed the complaint seeking replacement of the vehicle.

(3.) The opp. party did neither appear nor filed its version.