Per Shri P.B. Joshi, Hon’ble Judicial Member
Being aggrieved by the order dated 20/09/2011 passed by District Forum, Central Mumbai in consumer complaint No.51/2007 dismissing the complaint, the original complainant came in appeal.
2. The facts necessary for deciding this appeal can be stated as under :-
Complaint was filed by the complainant against the opponents on the ground that there is manufacturing defect in the car Hundai Elentra CRDI purchased on 01/05/2004 for Rs.10,50,002/-. The complainant asked the opponents to change the car by giving new car or return the price of the car. As the opponents have refused, the consumer complaint was filed.
3. Opponents resisted the complaint by filing written version.
4. Considering the evidence led by both the parties and considering the record, Learned District Forum has dismissed the complaint. It is against that order the present appeal has been preferred by the original complainant.
5. Considering the submissions made before us, considering the record and scope of the appeal, following points arise for our consideration and our findings are noted against them for the reasons herein below :-
Sr.No. | Points | Findings |
1. | Whether there is any manufacturing defect in the car purchased by the complainant? | No |
2. | Whether there is deficiency in service on the part of opponents in respect of said car? | No |
3. | Whether complainant is entitled for new car in place of the car purchased by him? | No |
4. | Whether alternatively complainant is entitled for price of the car? | No |
5. | What order? | Appeal stands dismissed. |
REASONS :-
6. Point Nos.1&2 :- After hearing both parties and after going through the record, we specifically asked the Advocate for the appellant to point out evidence about manufacturing defect in the car. Learned Advocate for the appellant tried to argue the matter on one or other point, however, failed to point out any document on record to show that there was manufacturing defect in the car. Thus, in absence of any evidence about manufacturing defect, contention of the appellant-original complainant cannot be accepted. Hence, we answer Point Nos.1&2 in negative.
7. Point Nos.3&4 :- In view of answer of Point Nos.1&2 in negative, complainant is not entitled for new car in place of car purchased by him or alternatively price of the car. Hence, we answer Point Nos.3&4 in negative.
8. Point No.5 :- In view of answer of Point Nos.1to4, appeal deserves to be dismissed. Hence, we pass the following order :-
-: ORDER :-
1.Appeal stands dismissed
2.Parties to bear their own costs.
3.Copies of the order be furnished to the parties.
Pronounced
Dated 19th January 2015.
