SIDDI VINAYAKA AUTOMOBILES LTD. Vs. T.RAJA SEKHAR
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
SIDDI VINAYAKA AUTOMOBILES LTD.
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P.RAMAKRISHNAM RAJU,PRESIDENT -
(1.) THE opposite parties
in C.D. No. 1000/1999 on the file of District Consumer Forum -II,
Hyderabad are the appellants.
(2.) THE complainant purchased Bajaj Kawasaki 45 Champion vehicle bearing No. AP 11 -F 771 on 23.3.1998. Although at the time of purchase
the opposite parties assured that the vehicle is fuel efficient and would
achieve the mileage of 87 kms. per litre of petrol but in effect it was
giving only 56 to 58 kms. Hence he filed the complaint. The District
Forum directed the appellants to carry out the necessary repairs to
ensure the promised mileage or in the alternative replace the vehicle
with a new one together with compensation of Rs. 2,000/ - and costs of Rs.
1,000/ -. Hence the appeal.
(3.) EX . A1 is the booklet issued by the opposite parties to the complainant at the time of purchase of the vehicle noting the Chassis
Number, Engine Number, date of purchase, address of the purchaser etc.
Hence the purchase by the complainant is established. Later the
complainant took the vehicle for free service on number of times. Exs.
A1(a) to Ex. A1(e) are counter -foils showing the dates on which the
vehicle was serviced including the repairs. Ex. A2 is the legal notice
dated 12.8.1999. The main contention of the complainant is that though
the opposite parties gave an assurance under Ex. A3 dated 21.1.2002 that
the vehicle would give mileage of 87 kms. per litre of petrol, but he was
thoroughly disappointed as it is only giving 56 to 58 kms. Even after all
the free services were done there was no improvement. Therefore, the
complainant is justified in approaching the District Forum. Though the
complainant filed his affidavit in support of the allegations in the
complaint the appellants neither filed written version nor affidavit
evidence. The complainant filed documents Exs. A1 to A4 to establish the
purchase of the vehicle as well as the declaration given by the opposite
parties that the vehicle is fuel efficient which would run 87 kms. per
litre of petrol. This evidence of the complainant has not been
challenged. Hence the District Forum accepting the uncontroverted
evidence of the complainant allowed the complaint and directed the
appellants to rectify the defects or alternatively replace the vehicle
together with compensation of Rs. 2,000/ - and costs of Rs. 1,000/ -.
Instead of doing that this appeal is filed. We do not find any ground to
interfere with the order of the District Forum. The appeal, therefore,
fails and is accordingly dismissed. For any reason the appellants are
unable to comply with the order of the District Forum the complainant is
entitled to recover the cost of the vehicle with interest at 18% together
with compensation and costs as awarded by the District Forum. Time for
compliance 6 weeks.
Appeal dismissed. ;
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