- (1.) This revisional application is directed against the judgment and order dated 06.12.2007 passed by the State Consumer Disputes Redressal Commission in S.C. Case No.88/A/2007 by which the appeal filed by the petitioner was dismissed.
(2.) The opposite party No.1 filed a complaint under Section 12 of the Consumer Protection Act, 1986 being CDF Case No. 131 of 2005 before the Consumer Disputes Redressal Forum, Kolkata against the petitioner as well as the opposite No.2 praying for a direction upon the opposite party No.1 to provide a new Maruti 800 C.C. Car being WB 02M 3082 from the opposite party No.2, the authorized dealer of Maruti Udyag Ltd. by taking a loan amounting to Rs. 1,91,000/- from the petitioner to be paid in 60 monthly installments. The said car since it purchased showed defects which was pointed out by the opposite party No.1 to the opposite party No. 2 but the same has not been rectified. It is further averred that several correspondences were exchanged between the opposite party No.1 and opposite party No.2 regarding the defect in the said car and ultimately a letter was issued to the Managing Director of the Maruti Udyag Ltd. for replacement of the said defective car. It is a further case made out in the said application that the petitioner forcibly took the possession of the car and sharing without the information of the opposite party No.1 herein.
(3.) The said complaint case ended with an ex parte judgment and order dated 22.11.2006, the District Forum directed the petitioner to deliver the car or the value of the car within a month from that date failing which an interest @ 8% per annum shall be paid on the consideration value of the car in addition thereto. The District Forum further directed the petitioner to pay the litigation cost of Rs.3000/-.;