Complainant/respondent purchased an Opel Astra car from Respondent No.2 (OP-2) a dealer of the appellant/manufacturer OP-1 on 4.6.1997. Within a short span of two months after the purchase, the vehicle developed snags like abrupt halt on the road, low fuel average, power steering noise, back side noise, body vibration at speed, noise and cracking sound in engine and suspension imbalance, locking in second gear, right side tyre noise and excessive engine race etc. Respondent sent the car to the workshop of Respondent No.2 for repairs in August 1997, September 1997, October 1997 and December 1997. However, the defects were not removed. Being aggrieved, respondent filed the complaint before the State Commission. State Commission allowed the complaint in part and directed the appellant to pay a lump sum compensation of Rs.2 lakh to the complainant along with costs of Rs.10,000/-. Counsel for the parties submit that an amicable settlement has been arrived at between the parties. Appellant has agreed to pay a consolidated sum of Rs.1,25,000/- to the respondent in full and final settlement of the dispute. Appellant has handed over a Demand Draft No.325773 dated 5.12.2012 in the sum of Rs.1,25,000/- drawn on Citibank in favour of Mohan Prakash Gupta to the respondent, which is accepted by the respondent who is present in the court, in full and final settlement of the dispute. Appeal stands disposed of in view of the settlement arrived at between the parties. Office is directed to refund the sum of Rs.35,000/- (deposited by the appellant at the time of filing the appeal) along with 50% of the amount awarded by the State Commission (deposited by the appellant under the order of this Commission dated 16.7.2007) to the appellant along with accrued interest thereon. |