KINETIC MOTOR CO LTD Vs. SHIV CHARAN NEGI

JUDGEMENT

(1.) Respondent purchased a two-wheeler scooter manufactured by the appellant on 18.12.2005. Right from day one it gave problem with the kick/self start system and the vehicle stopped all of sudden while moving on the road and its handle tilted to one side. Since the defects could not be rectified by the appellant, the respondent filed the instant complaint under Sec.12 of the Consumer Protection Act, 1986 before the District Forum for replacement of the vehicle or refund of cost of the vehicle.

(2.) By way of interim order dated 14.9.2006, the District Forum directed the appellant to rectify the defects pointed out by the respondent within a week. However, the appellant could not rectify within the given time but collected the vehicle for repair on 29.9.2006 and returned the same to the respondent after so-called repair on 30.9.2006.

(3.) Since the defects continued as the appellant could not rectify the defects, the District Forum vide order dated 5.10.2006 directed the appellant to refund the cost of the vehicle and also to pay Rs.1,000 towards cost of litigation. Feeling aggrieved, the appellant has preferred this appeal.