TIRUPATI MOT Vs. KANAN KUMARI DASH

JUDGEMENT

(1.) This is an appeal filed against the order passed by the District Forum, Keonjhar in Complaint Case No.32/02. The facts of the case stated in brief are that the respondent/complainant had purchased a Hero Puch E2 vehicle from the appellant/o. P. No.1 by paying the stipulated money of Rs.26,700/- on 25.1.2001 and Rs.1,000/- towards registration and Rs.473/- for fittings etc. That within a few days of purchase i. e. , within the warranty period, the vehicle started giving various problems especially of low mileage. That the respondent/complainant promotely brought this fact to the notice of the appellant/o. P. No.1, who inspite of carrying out number of repairs failed to rectify the main problem of low mileage, but went on assuring the respondent/complainant that the defects would be gradually cured. That being fed up with the poor performance on her newly purchased vehicle and with the continuous false assurance, the respondent/complainant had no other option except to seek the redressal before the learned District Forum and as such filed a C. D. Case No.32 of 2002 before the said Forum.

(2.) The District Forum on the basis of the materials on record and the reasons reflected in its impugned order, took a view that the deficiencies attributed to appellant/o. P. No.1, can he said to have been established. With the result, it has passed the impugned order against appellant/o. P. directing replacement of the Old Hero Puch E2 by a new one or returned with the amount of Rs.26,700/- with interest without any compensation. Hence the instance appeal filed by the appellant and others.

(3.) In this appeal, the short point for consideration is as to whether the order passed by the learned District Forum can be found fault with.