VIKAS MOTORS LTD Vs. SIMI MADHOK

JUDGEMENT

(1.) COMPLAINT was filed by the respondent Smt. Simi Madhok and Anr. before the District Forum seeking refund of the enhanced amount of the Maruti vehicle booked by her with the appellant on the assuance that the delivery will be made within 7/9 weeks. Since the delivery was delayed and in the intervening period price of the vehicle was enhanced, the majority members of the District Forum passed the impugned order allowing the complaint and directing the appellant as well as the manufacturer M/s. Maruti Udyog Ltd., who was arrayed as respondent No. 2 in the complaint for refund of Rs. 8,367 with 18% interest and compensation of Rs. 5,000 and Rs. 500 towards the cost of litigation.

(2.) IT is pertinent to mention at this stage that an independent appeal was also filed by M/s. Maruti Udyog Ltd. against the impugned order which was allowed by this Commission vide order dated 16.8.2005 whereby the complaint was dismissed vis -a -vis the appellant M/s. Maruti Udyog Ltd. on the ground that since the respondent No. 1 had opted from white colour but subsequently changed her option to Neptune Blue colour, her name might have been placed below the delivery list and, therefore, there was no deficiency in service on the part of M/s. Maruti Udyog Ltd.

(3.) DEFICIENCY in service has been defined under Section 2(1)(g) of the Consumer Protection Act, 1986 as under : 'deficiency' means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.