Mr. Justice G.G. Loney, President — This is an appeal against the order of District Forum, Nagpur dated 11.10.91 passed in Complaint No. 151/91. The respondent Shri Somasi Saunand had approached the District Forum,” Nagpur alleging that the Luna Moped manufactured’ by M/s Kinetic Engineering Co. Ltd. was having a defect. The complainant identified the defect of leakage of petrol and, therefore, approached the appellant the Dealer for getting the defect of luna removed. According to the appellant, necessary efforts were made to remove the defect and that the Moped two wheeler was in order. The District Forum found that the vehicle was defective and no proper service was rendered by the dealer viz., me appellant and passed the impugned order.

2. We have heard Shri R.O. Chabra, Advocate for the appellant and Shri S.V.R. Murty, Advocate for the respondent. According to Shri Chabra, the appellant was willing to remove the defect but the complainant did not co-operate with him in as much as the vehicle was not brought to the garage for subsequent repairs. A letter dated 2.5. 91 was sent to the complainant to bring the vehicle for purposes of repairs; but the complainant did not bring