SAINI MOTORS Vs. MOHAN PAL SINGH SADANA

JUDGEMENT

(1.) We have heard Mr. Puneet Jindal, Advocate for the complainant/respondent. Nobody has appeared at the time of hearing arguments on behalf of the appellant. District Forum, Ludhiana on November 25, 1998 allowed the complaint filed by Dr. Mohan Pal Singh Sadana against Maruti Udyog Limited, the manufacturer of Maruti Cars, its officers and M/s. Saini Motors, Ludhiana, their dealer giving directions to opposite party No.4, the present appellant to replace Maruti Esteem Car with a new one and to pay compensation of Rs.50,000/-. This order is under challenge in this appeal filed by the dealer M/s. Saini Motors.

(2.) It is not necessary to make any comment on merits of the complaint as ultimately on the original side, the complainant, if so advised, is to file the complaint before the Commission as we are of the view that the District Forum lacked pecuniary jurisdiction to entertain the complaint. Thus, only facts in brief are noticed.

(3.) On August 28, 1997, the complainant Dr. Mohan Pal Singh Sadana purchased one Maruti Esteem Car from M/s. Saini Motors, Ludhiana. The Engine Number was 552319 and Chasis No.187792. Within few days of the purchase, there was problem in the Engine of the Car. Carburettor of the car was changed by the dealer. The tyres fitted within the car subsequently were found to be not new ones. It also transpired that the colour of the car had faded and that the same was not the original one as done by the manufacturing Company, in other words the car was re-painted. Several pleas were taken by the opposite parties particularly the appellant and one of them was relating to pecuniary jurisdiction of the District Forum to entertain the complaint.