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R.N.MITTAL, AVTAR PENNATHUR
DINESH BHAGAT – Appellant
Versus
BAJAJ AUTO LIMITED – Respondent


Advocates:
Counsel for the Parties:
For the Appellant : Mr. Rajesh Gulati.
For the Respondent: Mr. Anil Sharma.

ORDER

Mr. Justice R.N. Mittal, President — This appeal has been filed against the order dated 30.3.92 of District Forum I by which the complaint of the complainant has been dismissed.

2. Briefly the facts are that the complainant purchased a Bajaj Super Scooter on 3.1.90 from the respondent, at New Delhi. It is alleged that it started giving trouble from the very inception as it had certain manufacturing defects. Those defects could not be rectified by the Engineers of the respondent. The main defect was that the alignment of the scooter was not proper on account of which the rear tyre continued to wear off from the corners. He, consequently, filed a complaint for replacement of the scooter by a new scooter.

3. The complaint was contested by the respondent. They pleaded that the scooter was checked in the work shop various times and it was found in perfect condition.

4. The learned District Forum during the pendency of the complaint directed the respondent to replace the chassis and one tyre. Accordingly the respondent replaced the same. However, the complainant was still not satisfied and alleged that the said defect persisted even after the chassis had been changed.

5. The learned Dis













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