NCDRC

NCDRC

RP/4534/2010

VALIANT SECURITY (P) LTD. - Complainant(s)

Versus

HYUNDAI MOTORS INDIA LTD. & ORS. - Opp.Party(s)

IN PERSON

15 Dec 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4534 OF 2010
 
(Against the Order dated 26/08/2010 in Appeal No. 115/2005 of the State Commission Haryana)
1. VALIANT SECURITY (P) LTD.
Sec-15-A, Patel Bhawan, Ajronda
Faridabad
Haryana
...........Petitioner(s)
Versus 
1. HYUNDAI MOTORS INDIA LTD. & ORS.
A-30, Mohan Cooperative Industrial Estate, Mathura Road
New Delhi - 110044
Delhi
2. SAMARA HYUNDAI
B-35, Lajpat Nagar-II, Lala Lajpat Rai Marg
New Delhi - 110024
Delhi
3. BALTIC HYUNDAI
14/1, Mathura Road
Faridabad
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :IN PERSON
For the Respondent :NEMO

Dated : 15 Dec 2010
ORDER

Petitioner/complainant purchased a Santro car for Rs.3,55,402/- on 31.7.2002.  Respondent had given warranty for two years.  According to the complainant, some major defects as main oil seal leakage, starting problem, noisy silencer and non-effective AC were noticed on 14.07.2003.  On 18.07.2003, he filed a written

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complaint with the respondent, but in vain.  He lodged another complaint on 23.07.2003 but, again in vain.  Petitioner filed the complaint before the District Forum with the grievance that despite repeated requests made by him to the respondent, the defects of the car were not removed.

          District Forum allowed the complaint and directed the respondent to replace the engine and battery of the car.  Rs.10,000/- were awarded as compensation and Rs.2,000/- as litigation expenses.

          Respondent being aggrieved filed an appeal before the State Commission which has been allowed.  State Commission held that as and when the car was taken to the respondent during the warranty period, necessary repairs were undertaken to the satisfaction of the complainant; that the said fact was evidence from the Job Card; that there was no manufacturing defect.

          We agree with the view taken by the State Commission.  From the evidence pointed out, it cannot be inferred that there was a manufacturing defect in the car.  Whenever the car was taken to the

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workshop for repairs within the warranty period, necessary repairs were carried out to the satisfaction of the petitioner, which fact is indicated from the Job Card.  No merits.  Dismissed. 

 

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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