MARUTI UDYOG LIMITED Vs. MADAN LAL

JUDGEMENT

(1.) THE complainant had approached District Forum that there was heavy noise from the front side of the engine of the car. The complainant had brought this to the notice of the opposite party No. 1 upon which tension assembly timing belt was replaced but the defect still persisted. The complainant prayed for replacement of car on the ground that it was suffering from manufacturing defect or for refund of the amount paid for the car with compensation of Rs. 10,000. The complainant had produced report of M.S. Kohli Automobiles and Mechanical Engineer and also an affidavit of M.S. Kohli besides production of job cards and other evidence. Opposite party No. 1 had placed reliance on the affidavit of Swaran Singh, Manager and copy of report dated 28.6.1999.

(2.) THE District Forum relied upon the report of M.S. Kohli and allowed the complaint by giving directions to opposite party No. 2 to replace the entire engine of the car. No compensation was awarded since the car had been used for some time and cost of Rs. 1,000 were ordered to be paid by opposite party No. 2.

(3.) THE order of the District Forum was challenged before the State Commission. The State Commission also relied upon the report of M.S. Kohli and confirmed the order of the District Forum and besides that Rs. 5,000 were awarded as damages, Rs. 4,000 for litigation expenses to the complainant. The appeal filed by the petitioner was dismissed. The petitioner has challenged the said order of the State Commission in revision.