LAWS(NCD)-2019-9-94

MARUTI SUZUKI INDIA LTD Vs. MANGI DEVI

Decided On September 27, 2019
MARUTI SUZUKI INDIA LTD Appellant
V/S
MANGI DEVI Respondents

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) It is observed that though notice has been served on Respondent No.2, no one appears on its behalf.

(3.) The facts of the case are that the Complainant/Respondent No.1, who is a Member of District Council, Barmer, purchased a Maruti 800 car (manufactured by the Petitioner herein) for her personal use on 25.4.2011 from Respondent No.2 dealer for a consideration of Rs. 2,31,974/- with free service for three years. Within 8 to 10 days of its purchase, the car started emanating abnormal noise and was giving an average of just 10 Km. Complainant informed Respondent No.2, who accepted that there was manufacturing defect in the car but demanded charges for its repair and service. On Complainant's stating that the car had a free service of three years, Respondent No.2 refused to repair/service/replace the car. Being aggrieved, a Complaint was filed before the District Forum. The District Forum allowed the Complaint and directed both the manufacturer and the dealer to pay a sum of Rs. 2,31,974/- to the Complainant within one month along with a sum of Rs. 5,000/- as compensation and interest @ 9% p.a. from the date of order till realization. Rs. 1,000/- was awarded as costs. State Commission dismissed the Appeal preferred by the manufacturer and upheld the order passed by the District Forum. Hence, this Revision Petition.