ARVINDA SHARMA WIFE OF RAVINDER SHARMA Vs. MARUTI UDYOG LIMITED AND ORS
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Arvinda Sharma Wife Of Ravinder Sharma
Maruti Udyog Limited And Ors
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(1.) THIS appeal is directed against the order of District Forum, Shimla passed in Consumer Complaint No.338/2005, dated 03.01.2009, whereby the complaint of the appellant was dismissed by holding that complaint suffers from several legal and factual infirmities, thus not maintainable.
(2.) FACTS of the case are within narrow compass. Appellant purchased Omni 8 seater vehicle vide sale certificate No.22732, dated 04.11.2003 from respondent No.2. As per allegations made in the complaint, case of the appellant was, that the respondent No.2 had sold 5 seater vehicle by misrepresenting the facts and had charged sale consideration for 8 seater vehicle. Further averments in the complaint are that the vehicle sold suffered from manufacturing defects, which were not been rectified by respondent No.2 despite repeated requests. These defects in the vehicle were in its brake, tyres, seats etc. and it was alleged that respondent No.2 had cheated and also overcharged him in making sale of 8 seater Omni which was actually 5 seater.
(3.) IN this background, complaint under Section 12 of Consumer Protection Act, 1986 was filed for deficiency of service/unfair trade practice on the part of respondents, wherein compensation amounting to Rs.9,91,910/ - was claimed as detailed in clause -1 to 4 of para -12. In addition to this, appellant had also prayed in the alternative for replacing the vehicle with new 8 seater, Versa.
Respondents in the present case contested and resisted the complaint before the Forum below. Their version in the reply was that the present complaint was not legally maintainable since the appellant was not a consumer , as per Section 2 (1) (d) of Consumer Protection Act, 1986 and the Fora had no jurisdiction to try the same.;
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