HONDA SIEL CARS INDIA LTD Vs. DIVYANG JAIN

JUDGEMENT

(1.) RAJYALAKSHMI RAO, MEMBER heard the learned counsel for the petitioner.

(2.) AGGRIEVED by the order dt. 20-2-2008 in First Appeal No. 32 of 2008 passed by the State Commission, Delhi, M/s. Honda Siel Cars India Ltd. and others have filed this revision petition. The impugned order affirms the order of the District Forum, with a slight modification. The modification was that the period of warranty from the date of refinishing and completion of other jobs would be 2 years instead of 10 years, as directed by the District Forum.

(3.) THE Complainant Divyang Jain paid a sum of Rs. 6,76,887/- to the petitioners and purchased a Honda City car and had it registered. Within a short period, after the purchase of the car on 31-3-2004, he noticed (February, 2005) that the paint of the car was fading. He approached the petitioners on 22-4-2005, 23-4-2005 and 25-4-2005 for corrective action but the petitioners did not respond. Then he sent a legal notice on 28-4-2005 seeking refund of the cost of the car and some compensation. Later he filed a complaint in the District Forum. The petitioners had took the plea that when the complainant complained about minor defects in the dampers, the former had replaced dampers for all the cars of the same batch. But they denied any deficiency in service on account of fading of the color. During pendency of the complaint, the District Forum directed the petitioners to carry out an inspection of the car. After inspection the petitioners concluded as under: excessive pressure used for rubbing polishing/cleaning activity on edges leading to damage of the top coat of paint and exposure of E. D (Electro Deposit ).