SOORAJ AUTOMOBILES LTD Vs. SATPAL SHARMA

JUDGEMENT

(1.) -This revision petition is filed against the order and judgment dated 4.12.1998 of the State Commission, Haryana. Brief facts of the case are as follows:

(2.) The complainant had purchased a three-wheeler from M/s. Sooraj Automobiles Lt., Saharanpur for a sum of Rs. 67,000/- on 5.6.1995 through their authorised dealer M/s. Karnal Motors. The complainant had found that the vehicle was defective in its battery, bearings, paint and the front wheel. Other reasons adduced by the complainant for filing the complaint are charging Rs. 7,000/- extra and delay in delivery of the vehicle by 3 months. The District Forum directed that- "O.P. 1 to refund the amount of Rs. 67,000/- charged from the complainant along with interest @ 15% p.a. from the date of receipt till the date of refund. The complainant has been harassed so that we direct O.P. 1 to pay a further sum of Rs. 5,000/- on account of compensation-cum-cost of litigation. The complaint against O.P. 2 stands dismissed as there is no privity of contract between the complainant and O.P. 2. O.P. 1 may seek its remedy against O.P. 2, if available and if so advised."

(3.) As against this M/s. Karnal Motors O.P. 1 went in appeal before State Commission. After hearing the parties, the State Commission held that: