KINETIC MOTOR CO LIMITED Vs. LT CDR UDAYBIR

JUDGEMENT

(1.) -THIS revision petition is directed against the order of the State Commission, Delhi, by which the appeal filed by the petitioner herein was dismissed and the order passed by the District Forum directing the petitioner to refund the amount of Rs. 34,521 and awarding a sum of Rs. 5,000 as cost and compensation was upheld.

(2.) THE complaint related to the manufacturing defects of Kinetic Nova 135 CC Scooter a two-wheeler vehicle, which was admittedly sold by the petitioner to the respondent through a dealer. The complainant alleged that several defects were noticed in the vehicle at the time of service when the vehicle was taken to the workshop of the petitioner during the period of warranty. The details of the defects were as under:

(3.) THE claim was resisted by the petitioner, mainly on the ground that there were no manufacturing defects in the vehicle and that no cogent evidence was led to show that there was in fact any manufacturing defect in the said vehicle. Both the Fora below have countered the said submissions and have held that the vehicle in question had in fact manufacturing defects and, therefore, allowed the complaint and made an order to refund the price of vehicle along with compensation.