R BASKAR Vs. D N UDANI

JUDGEMENT

(1.) Aggrieved by the order of the State Commission which dismissed the complaint, the complainant has filed this revision petition. Case in brief:

(2.) The complainant purchased a Bajaj Super X Scooter from D.N. Udani Hex Bikes, an authorized distributor at Chennai of M/s. Bajaj Auto Ltd, Akrudi, Pune. According to the complainant from day one after the purchase, the vehicle did not function properly and he took it to M/s. V.K. Auto P. Ltd., Chennai and then it was shown to the authorized service centre of D.N. Udani and it was found that the Oil Spark Plug was found filled with oil and he was advised that proper mixing of petrol and oil may be done in future. The defects were removed but the defects reappeared after a week. This problem reappeared again and again and it was repaired by the authorized service dealer. The opposite party wanted the complainant to give a certificate that the vehicle had been satisfactorily repaired and to take back the vehicle, but the complainant refused. Though the complainant requested for the change of the engine but the opposite party refused to do the same. Hence he filed a complaint demanding return of the price of the vehicle with 24% interest.

(3.) The opposite party contended in their written version that they have rectified the defects and the vehicle was in very good condition. Despite the letter written to the complainant stating that if delivery was not taken he would have to pay demurrage, still he did not take possession thereof. Complainant was only interested in getting refund of the price of the vehicle and interest thereon.