TVS MOTOR COMPANY LIMITED Vs. VIJAY KUMAR

JUDGEMENT

(1.) -THIS an as appeal by opposite parties under Section 15 of the Consumer Protection Act, 1986 against order dated 21. 2. 2006 passed in C. C. No. 37/2003 by the District Consumer Disputes Redressal Forum, Narsinghpur (for short 'forum' ).

(2.) THE facts of the case in brief are that the complainant (respondent here) had purchased a TVS Victor Motor-cycle bearing registration No. MP-49 B-7755; manufactured by opposite party No. 2 (appellant No. 1 here) from opposite party No. 1 (appellant No. 2 here), on 19. 9. 2002 for Rs. 45,000. The vehicle has a warranty of two years. It is alleged by the complainant that the vehicle gave problems from the very beginning and despite complaints to the opposite party and servicing as per manual, certain defects noticed in the vehicle were not rectified. He, therefore, filed a complaint under Section 12 of the Consumer Protection Act before the Forum on 5. 8. 2003 requesting for direction to the opposite party for returning to him Rs. 45,000 with 18% interest and taking back the vehicle and paying Rs. 30,000 as compensation for the mental torture caused and cost.

(3.) IN its reply before the Forum, the opposite party denied that the vehicle had any manufacturing defects and stated that whenever the vehicle was brought to them, the alleged defects in the vehicle were attended to the satisfaction of the complainant. It was further stated that the vehicle had covered a distance of 25396 kms during 11 months of the purchase which showed that it was giving good service and had no manufacturing defects. After hearing both the parties, the learned Forum came to the finding that the vehicle did have defects which were not rectified despite frequent repairs and accordingly vide impugned order directed the opposite party to return the depreciated value of the vehicle @ 10% per year amounting to Rs. 29,250 to the complainant after taking the vehicle in question from him with 6% interest thereon w. e. f. the date of the order and to pay Rs. 750 as costs to him.