KARAN PAL SINGH Vs. RAJIV AUTOMOBILES

JUDGEMENT

(1.) On account of having sold not only a defective scooter but also having put up a false claim as to the average mileage of the scooter, the appellant who is the consumer had filed the complaint, and vide impugned Order dated 7.7.2005, the District Forum awarded a compensation of Rs.3,000 apart from Rs.750 paid by the appellant to AAUI as per directions of the District Forum, besides Rs.2,500 towards compensation for mental agony and cost of litigation. Feeling dissatisfied with the amount of compensation as well as the refusal by the District Forum to remove the defects, the appellant has preferred this appeal

(2.) A perusal of the impugned order shows that there was serious dispute as to the average of the scooter. According to the respondents' claim the average was 74 kms. But it was sent to an expert by the District Forum and the report of the expert showed the average mileage per litre was 44 kms. Any such claim comes within the unfair trade practice by way of misleading and misrepresentation as to the quality as well as performance of a particular product or vehicle.

(3.) Admittedly, it was a new model four stroke scooter. When the respondent used it the average came only to 34 kms. per lire. It was due to manufacturing defects in the scooter that the appellant suffered huge loss not only due to low performance with regard to gear problem as well as other problems. When the appellant asked for refund of the cost it was not acceded to by the respondents. Consequently the appellant filed the instant complaint before the District Forum.