NCDRC

NCDRC

RP/1239-1240/2011

UMA PURI - Complainant(s)

Versus

SAINI HYUNDAI & ANR. - Opp.Party(s)

IN PERSON

31 May 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1239-1240 OF 2011
 
(Against the Order dated 18/03/2011 in Appeal No. 380-416/2010 of the State Commission West Bengal)
1. UMA PURI
Resident of 406/2, Block G, New Alipore, P.S. New Alipore
Kolkata - 700053
West Bengal
...........Petitioner(s)
Versus 
1. SAINI HYUNDAI & ANR.
199, Block J, New Alipore, P.S. New Alipore
Kolkata - 700053
West Bengal
2. HYUNDAI MOTORS INDIA LTD.
5th & 6th Floor, Corporate One Baani Building, Plot No. 5, Commercial Centre, Jasola
New Delhi - 110076
Delhi
...........Respondent(s)

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

For the Petitioner :
Mr.Deepak Puri, Auth. Rep.
For the Respondent :NEMO

Dated : 31 May 2011
ORDER

          State Commission has reversed the order of the District Forum directing the manufacturer to replace the vehicle sold to the petitioner with a new one as there was no manufacturing defect.  The petitioner, who is appearing in person, very fairly states that there was no manufacturing defect in the vehicle but there was a misrepresentation based on which the petitioner purchased the car.  The alleged misrepresentation is that as per brochure, the vehicle gave a mileage of 16 Kms/ltr in the city and 18 Kms/ltr on the highway, whereas in actual it gave mileage of 8 Kms/ltr in the city. 

District Forum had ordered replacement of the car with a new one taking the defect pointed out by the petitioner to be manufacturing defects.  State Commission has rightly come to the conclusion that there were no manufacturing defects.  Even the petitioner states that there were no manufacturing defects.  Under the circumstances, the order passed by the District Forum ordering replacement of the vehicle could not be sustained.  State Commission has rightly reversed the order of the District Forum ordering replacement of the vehicle, as there was no manufacturing defect in the vehicle.  Dismissed.

 

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

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