RAJ NARAYAN SINGH Vs. SUNIL AUTO ENTERPRISES

JUDGEMENT

(1.) This is an appeal under Section 15 of the Consumer Protection Act, 1986 against the judgment and order dated 25.3.1998 passed by District Consumer Forum, Deoria in Complaint Case No. 620/1997.

(2.) Mr. Nilesh Anand assisted by Mr. Sanjay Verma, Counsel for the appellant has been heard at quite length. The sum and substance of the argument with a view to assail the impugned judgment and order has been that in spite of the availability of material on record showing that it was a case of inherent defect in the three wheeler vehicle i.e., Tempo, the contrary findings have been recorded which in law are not sustainable. With a view to appreciate the argument, materials available on the records have been perused. It is true that the vehicle in question i.e., Tempo has been purchased on 21.2.1997 which is supported by a document. However, there is no material including expert report that the engine which was of the three wheeler vehicle i.e., Tempo was having manufacturing defect. Even there is no certificate of the dealer that the vehicle sold was having manufacturing defect in the engine. Though certain photocopies of the documents have been filed but they have no bearing in this case. One of the documents is a photocopy of the sale certificate issued by Srikrishna Vishwakarma in which it is mentioned that a second hand engine for Rs. 15,000 has been sold to the complainant. Besides the fact that such document is not reliable, this will also not lend any help to the complainant as this cannot be proved on that strength that the second hand engine was purchased for replacing the engine of the vehicle which according to the complaint has manufacturing defect. The District Forum in our view has come to a right conclusion in dismissing the complaint. The appeal being devoid of substance, and is dismissed.

(3.) The appeal is dismissed. Parties will bear their own costs. Let copy of this order be made available to the parties as per rules.