B M GAUR Vs. PREMIER AUTOMOBILES LTD

JUDGEMENT

(1.) These three appeals are being decided in one order, as the order appealed against in all the three, is one and the same, being the order of District Consumer Disputes Redressal Forum, Gwalior passed on 17.10.1995 in their Case No.1459 of 1993 declaring Premier 118 NE Car Chassis No.40098 Engine No.4027 as defective and granting relief to the complainant as detailed in the said order.

(2.) In Appeal No.814/95, the appellant/ complainant before the Forum has requested as under : (i) The order granting relief has been passed by the Forum against respondent No.3 only, whereas it should have been passed against all the three. (ii) That he should be granted 12% interest on Rs.2,58,970/from 1.9.1992 to 16.11.1992, which the Forum has omitted to order. (iii) That the proceeding expenses awarded by the Forum should be enhanced.

(3.) In Appeal No.804/95, the appellant (Dealer M/s. Motors Tractors) has requested as under : (i) That the Forum has erred on holding the entire responsibility, only on the appellant (dealer of car) excluding the manufacturer and his service manager. (ii) That the enhanced price of the car Rs.3,003/- was charged by the appellant on behalf of the manufacturer, who has not disputed the enhancement. (iii) That it is the manufacturer, who is responsible for delay from 10.8.1992 to 16.11.1992 in delivering the car and not the appellant. (iv) That it is the manufacturer, who should have been held responsible for manufacturing defects and not the appellant. (v) That in duration of eight months, car was brought to his workshop on nine occassions and every time except on the last occasion, the complainant had taken back the car with satisfactory note and yet the Forum wrongly held that the car had manufacturing defects. (vi) That the complainant had not prayed for refund of price, but the Forum wrongly ordered refund of the price.