KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL.761/05 JUDGMENT DATED: 30.9.2010 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT M/s Popular Vehicles & Services Ltd., : APPELLANT Kuttukaran Centre, Mamangalam, Kochi – 25. (By Adv.George Cheriyan Karippaparambil) Vs. 1. Mr.V.M.Mujeeb, : RESPONDENTS Valiyaveettil, Thrikkakara.P.O., Ernakulam, Kochi – 21. 2. M/s Maruti Udyog Ltd., Registered and Corporate Office, 11th Floor, Jeevan Prakash, 25, KaSthuraba Gandhi MArg, New Delhi – 11. (By Adv.V.Santharam) 3. M/s Indus Motors Company Ltd., City Workshop, Opp. Cochin Shipyard, M.G.Road, Kochi – 15. JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the 2nd opposite party in OP.66/2005 in the file of CDRF, Ernakulam. The appellant is under orders to rectify the defects of the vehicle and also to pay Rs.2500/- as compensation and Rs.500 as costs. 2. The case of the complainant is that he purchased a Maruti Esteem (diesel car) from the 2nd opposite party/dealer. It is stated that immediately after the purchase of the vehicle the battery was found to be defective. Battery was found to be of the previous year and the dealer replaced it. Within 4 months the vehicle had to be garaged for about 8 times at the authorised service centre. It is alleged that the vehicle is having manufacturing defects. He had paid a sum of Rs.5.5lakhs as purchase price. The vehicle was subsequently valued by the 3rd opposite party the sister concern of the 1st opposite party at Rs.3.5 lakhs. The value of the brand new car has depreciated by about 2 lakhs within a period of 6 months. The complainant has sought for repayment of Rs.5.5 lakhs the purchase price of the vehicle after taking delivery of the car from the complainant or to deliver a new car and also Rs.10000/- as compensation and Rs.5000/- as costs. 3. The opposite parties in the separate versions filed have denied the liability. It is denied that the vehicle was having any manufacturing defect. The 3rd opposite party has contended that evaluation report was made at the request of the complainant for the sale. It is stated that the manufacturer had instructed every dealer to value any Maruti vehicle with 20% depreciation even after one month of sale. The vehicle was valued on specification given by the manufacturer. It is stated that the complainant may get a higher price in the open market. 4. The evidence adduced consisted of the testimony of PW1, DW1; Exts.A1 to A7 and B1 and B2. 5. There was no representation for the 1st respondent/ complainant. The appellant has produced the registration details of the particular vehicle obtained from the Motor Vehicles Department. As per the above document the vehicle which was registered on 6.4.2004 stands transferred in the name of one Nandakumar with effect from 10.5.07. It is contended by the counsel for the appellant that as the complainant had sold the vehicle he is not having any interest in the same. The order of the Forum is dated 5.8.05 and the directions of the Forum is to rectify the defects of the vehicle and to pay compensation of Rs.2500/- and cost of Rs.500/-. Further we find that no objective evidence has been adduced to establish the case of manufacturing defects with respect to the vehicle. The complainant has not adduced any expert evidence in the matter. Further it has came out in the evidence that the vehicle had met with an accident soon after purchase. The same has been admitted by the complainant but the details of the accident has not been provided. In the circumstances the order of the Forum directing the appellants to rectify the defects of the vehicle is rather infructous. Hence the above direction of the Forum is set aside. The rest of the order with respect to the compensation of Rs.2500/- and cost of Rs.500/- is sustained as it appears from evidence that the complainant has met with a number of mechanical problems with respect to the vehicle soon after its purchase. In the result the appeal is allowed in part as above. Office will forward the LCR to the Forum along with the copy of this order. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT ps | 
