LOVELY AUTOS & ANR Vs. PRITPAL SINGH

JUDGEMENT

(1.) Challenge in this Revision Petition, by the Dealer and the Manufacturer of motorcycles, is to the order, dated 22.12.2010, passed by the Punjab State Consumer Disputes Redressal Commission at Chandigarh (for short "the State Commission") in First Appeal No. 1346 of 2005. By the impugned order, while partly allowing the Appeal, preferred by both the Petitioners herein, against the order, dated 14.09.2005, passed by the District Consumer Disputes Redressal Forum at Hoshiarpur (for short "the District Forum") in CC No. 216 of 2004, the State Commission has directed that instead of replacing the motorcycle in question, namely Caliber Croma, as directed by the District Forum, the Petitioners would be liable to pay a compensation of Rs. 30,000/- and litigation expenses of Rs. 10,000/- to the Respondent/Complainant. However, both the Forums below, on appraisal of evidence placed on record, have recorded a concurrent finding of fact that the motorcycle suffered from mechanical defects.

(2.) When the Revision Petition came up for motion hearing on 27.04.2011, notice to the Respondent was confined only on a limited point with regard to the amount of compensation of Rs. 30,000/-, as awarded by the State Commission.

(3.) Despite service, the Respondent remains unrepresented.