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2022 Supreme(SC) 1393

K. M. JOSEPH, HRISHIKESH ROY
Mahaveer Stone Crushing Co. – Appellant
Versus
Tata Motothers Limited – Respondent


Advocates appeared:
Mr. Parthiv K. Goswami, AC, Ms. Ragini Pandey, Advocate, For the Appellant / Mr. Siddharth Bhatnagar, Sr. Advocate, Ms. Nandini Gore, Advocate, Ms. Sonia Nigam, Advocate, Mr. Karanveer Singh Anand, Advocate, Ms. Pracheta Kar, Advocate, Mr. Aditya Sidhra, Advocate, Mr. Nadeem Afroz, Advocate, M/S. Karanjawala & Co., Advocate, For the Respondent.

ORDER

1. This appeal is carried against the order dated 19.05.2009 passed by the National Consumer Disputes Redressal Commission, New Delhi, dismissing the revision petition filed by the appellant and confirming the order passed by the State Consumer Disputes Redressal Commission, Haryana, Panchkula (for short 'the State Commission')

2. The appellant filed a complaint under the Consumer Protection Act, 1986 before the District Consumer Disputes Redressal Forum, Gurgaon (for short 'the District Forum'). His complaint was that he purchased a vehicle manufactured by the respondent herein and when he took the vehicle for servicing he was informed that the vehicle which he has purchased as a new vehicle was, in fact, involved in an accident. He claimed the relief of replacement of the vehicle and also claimed compensation. In the complaint the respondent and also the dealer were made respondents. The District Forum found merit in the complaint of the appellant. In arriving at such a conclusion, reliance was placed on a report submitted by an expert. The District Forum directed replacement of the vehicle and ordered Rs.2000/- as costs.

3. In the appeal carried by the respondent, the State C

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