Y.B.SURYAVANSHI, M.L.TIWARI
PREMIER AUTOMOBILES LTD. – Appellant
Versus
SANTOSH KUMAR AWADHIYA – Respondent
Mr. Y.B. Suryavanshi, President — Both the above said appeals arise out of the orders, both dated 2.8.1991, passed by the District Forum, Gwalior, rejecting the Appellants’ Preliminary objections regarding Pecuniary jurisdmiction of the Forum under Section 11 of the Act, in the transactions of purchases of cars. The question of law, as also the pleadings being almost similar, they are disposed of by this common order.
2. Complaint Case No. 183/91 (Appeal No. 79 of 1991):—
The complainant Shri Awadhiya filed a complaint on 7.3.1991. Undisputedly, Rs. 1,13,441.75 p. were paid by a Bank Draft given on 30.12.91 as the price of Fiat “Economy” Car purchased in Gwalior Trade Fair where S.T. concessions are given. Complainant’s grievance is, that he paid full price on 30.12.90, but car was delivered, belatedly, on 13.1.1991. That the car was driven upto the gate of the Fair and stopped. At that the he noticed that the milometer—reading indicated that the car has run 1096 K/Ms. Thus, a “Second hand Car” has been sold instead of “New Car”. That, he further found that the steering was dry which was due to non-lubrication of the system though used for 1096 K/Ms. That, as per Warranty Card,
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