ALFA AUTOMOBILES Vs. GOPINATH TRADING CO

JUDGEMENT

(1.) THESE appeals have been filed by the appellants under Section 15 of the Consumer Protection Act, 1986 against the order dated 28.2.1996 passed by the learned District Forum, Alwar whereby the complaint of the complainant was partly allowed. As both the appeals have been filed against a common order and both involves similar questions of law and fact, they are being disposed of by this common judgment. Facts of Appeal No. 650/1996:

(2.) IN this case, the complainant -firm had purchased a Maruti 800 car on 5.11.1994 from the appellants at a cost of Rs. 1,71,332. The complainant alleged that it had manufacturing defect in its roof panel, the roof panel was made of thin tin sheet, its average fuel consumption was more and because of defect in the construction of the second cylinder of the car, there was leakage of engine oil. The defects were noticed within the warranty perod of one year. She, therefore, filed a complaint in the Forum below requesting for change of the car or to change the engine of his car and roof panel, for controlling the average and for payment of damages on account of mental agony and cost of litigation.

(3.) THE appellants filed a reply in the Forum below that there was no manufacturing defect in the car in question and it is not made up of tin sheet. It was also stated that the car was purchased for commercial purpose and as such the complainant is not a consumer under the Consumer Protection Act.