- (1.) This Appeal has been filed by a party-in-person, against the Order of the National Consumer Disputes Redressal Commission dated 7th December, 2000.
(2.) Briefly stated the facts are as follows : The Appellant had placed an order for purchase of a Premier 1.38 Diesel Car manufactured by the 1st Respondent. The full price was paid by the Appellant. The 2nd Respondent was the Dealer of the 1st Respondent at Kottayam. When the Appellant went to take delivery of the car he found defects in the paint of the car. He, therefore, complained to 2nd Respondent. 2nd Respondent promised to rectify the defects and called him again after some days. The Appellant went after some days. He found that the defects had not been cured. Therefore, he was not willing to take delivery of the car. However, he was persuaded to take delivery of the car on the assurance that all defects would be cured. At this stage, it was also noticed that the piston rings of the engine were defective and that there was heavy leakage of oil. Thereafter the car was repeatedly sent to the dealer for repairs. Each time it was returned claiming that the defects had been cured. However, in fact the defects were not cured.
(3.) The Appellant, therefore, filed a complaint before the District Consumer Disputes Redressal Forum claiming that there should be an order directing the Respondent to take back the car and to replace it with a brand new defectless car or to refund the total value with 24% interest thereon. He also claimed compensation for hardship and mental agony and for costs. The District Forum appointed a Commissioner to inspect the car. The Inspection was done in the presence of the 2nd Respondent. The Commissioner notes that the notice had been given to the 1st Respondent. However, nobody from 1st Respondent remained present presumably because their agent was present. The Commissioner in his report has set out that a large number of defects were found in the car. The District Forum acting on this report directed repair of the car free of cost and replacement of the engine.;