K C SAINI Vs. PRADEEP KUMAR KANKANE

JUDGEMENT

(1.) Both these appeals arise from the order dated 7.4.2006 in complaint No.346/98 by the District Consumer Disputes Redressal Forum, Durg (hereinafter called the 'district Forum' for short) directing the OPs (respondent in Appeal No.165/06) to pay the difference price of 3-wheeler vehicle Sitara 400 Auto Rikshaw of 8 HP and that of Sitara 6.5 HP. Besides, it was directed that the OPs would pay to the complainant, compensation of Rs.23,261 as well as cost of Rs.500. Since, both these appeals arise from the same order, they are being disposed of by this common order.

(2.) It is not in dispute that a three-wheeler Auto Rikshaw, Sitara 400 is manufactured by Suraj Automobiles Ltd. , OP No.1. OP Nos.2 and 3 (respondents in Appeal No.165/06) are the dealers of the said vehicle.

(3.) The averments of the complainant stated in brief are that the OPs/respondent Nos.2 and 3, represented that the engine of the said vehicle was of 8.5 HP and its loading capacity is of 1000 kgs. However, in fact, engine of the said vehicle was of 7 HP and its loading capacity was only 700 kgs. It was further averred that the said vehicle developed defects soon after the purchase and the complainant was required to incur expenses in getting it repaired, from time-to-time. The complainant therefore claimed that total compensation of Rs.56,915 with interest be awarded.