MANAGER, PACE MOTORS Vs. SUBAIR

JUDGEMENT

(1.) The present Revision Petition is filed by the Petitioner under Section 21(b) of the Consumer Protection Act, 1986 against Order passed by the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (hereinafter referred to as the "State Commission") in Appeal No. 206/2016 dated 25.04.2018.

(2.) In the Complaint Case, it was stated by the Respondent/Complainant that he purchased a black coloured Honda Motor Cycle bearing No. KL-14 L-4095 from the Petitioner/Opposite Party on 24.02.2012 for Rs.74500/-. After 7 months of purchase, the color of the vehicle started fading and the same was informed to the Petitioner. The Respondent alleged that the Petitioner had coated black color on a red vehicle. The Petitioner assured the Respondent to take necessary steps, but in vain. On 12.12.2012, the Respondent sent a notice which was refused by the Petitioner. Hence, the Complaint was filed.

(3.) The Complaint was contested by the Petitioner whereby he denied all the contentions of the Respondent. It was denied that the color of the vehicle started to fade out or red colour was seen beneath the paint. The Petitioner delivered black colored vehicle only and not red color. The vehicle was delivered by the manufacturer direct to the dealer. There was no manufacturing defect in the vehicle and hence the Petitioner was not liable to pay any compensation or replacement of the vehicle as claimed in the Complaint.