SAMARPAN SAMITI Vs. NAVNEET BANSAL
LAWS(NCD)-2020-7-61
NCDRC
Decided on July 14,2020

Samarpan Samiti Appellant
VERSUS
Navneet Bansal Respondents

JUDGEMENT

V.K. Jain,J. - (1.) The complainant purchased the Chassis of a Swaraj Majda van from Prakash Motors, vide invoice dated 15.11.2008, for Rs.639900/-. The body of the said chassis was got fabricated for a consideration of Rs.397250/- for which an invoice dated 2.6.2009 was issued by Prakash Motors. The case of the complainant is that though the chassis had been manufactured in the year 2005 as would be evident from its Registration Certificate, it was sold to them as 2009 model. This is also the case of the petitioner / complainant that there were some defects in the ambulance van which they had got fabricated. The petitioner/ complainant, therefore, approached the concerned District Forum by way of a consumer complaint filed on 1.4.2011, about 01 year and 10 months after fabrication of the vehicle.
(2.) The complaint was resisted by the respondents who stated in their reply that at the time of the sale, the petitioner/complainant was clearly informed that a 2005 model chassis was being sold to them. The respondents also denied any defect in the ambulance van fabricated for the petitioner.
(3.) The District Forum having allowed the consumer complaint, the respondent Prakash Motors approached the concerned State Commission by way of an appeal. Vide impugned order dated 11.09.2014, the State Commission allowed the appeal and dismissed the complaint. Being aggrieved, the complainant/petitioner is before this Commission.;


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