LAXMI AUTOMOBILES Vs. LAL KUNWAR CHOUDHARY

JUDGEMENT

(1.) Heard the learned Counsel for the parties. Respondent No. 1 purchased a vehicle 'Minidoor Pickup', manufactured by the respondent No. 1 - Bajaj Tempo Ltd. The said vehicle covered 950 kms. at the time of delivery to the Complainant (respondent No. 1). The Complainant found a number of defects in the said vehicle from the very beginning. He tried to keep it roadworthy, but due to manufacturing defects, he could not do so. Hence, he filed Complaint No. 70/2000 before the District Forum, Chhindwara. After considering the relevant facts, the District Forum by its order dated 17th August, 2001, directed the petitioner and the respondent No. 2 to refund the amount of Rs. 1,42,000 with interest @ 10% per annum and a compensation of Rs. 10,000 plus costs of Rs. 500.

(2.) Against that order, the petitioner - dealer preferred Appeal No. 1445/2001 before the Madhya Pradesh State Consumer Disputes Redressal Commission. By judgment and order dated 22nd May, 2003, the appeal was dismissed.

(3.) Against that order, the dealer has preferred this Revision Application. From the order passed by the State Commission, it is apparent that there were a number of defects in vehicle from the very beginning. During the pendency of the complaint a Surveyor and Loss Assessor was appointed who had examined the vehicle and found that half of the engine set has been changed. The vehicle had dents which had lost its colour. The vehicle could only be started by pushing it and the engine gets heated after a run of 15 to 20 kms. The photographs were also brought on record. Considering the aforesaid finding, it is apparent that there were manufacturing defects in the one supplied to the Complainant.