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D.P.WADHWA, J.K.MEHRA, RAJYALAKSHMI RAO, K.S.GUPTA
SCOOTERS INDIA LIMITED – Appellant
Versus
MADHABANANDA MOHANTY – Respondent


Advocates:
Counsel for the Parties :
For the Petitioners:Mr. Prasanta Varma, Advocate.
For the Respondents:Mr. Debashish Mohanty, Advocate.

ORDER

Mr. Justice D.P. Wadhwa, President—It is the manufacturer who is before us in this petition filed under Section 21(b) of the Consumer Protection Act, 1986. It was the complaint of the complainant-respondent No. 1 that he had purchased an auto-rickshaw from M/s. B.P. Motors Pvt. Ltd., manufactured by the petitioner. M/s. B.P. Motors was opposite party No. 1 and the petitioner was also one of the opposite parties.

2. Complaint was that auto-rickshaw which the complainant had taken on hire purchased from B.P. Motors had manufacturing defect. Complainant sought damages and also refund of various amounts incurred by him on repairs of the vehicle. District Forum after writing a judgment of 11 pages held that since oral evidence was required it will be appropriate if the matter is considered by the Civil Court. Complaint was accordingly dismissed without prejudice to the right of the complainant to have resort to the Civil Court. Complainant went in appeal to the State Commission which allowed the appeal and directed manufacturer to pay Rs. 10,000/- towards general damages and also Rs. 2,000/- as costs of litigation to the complainant. Nothing is, however, said in the order of the Sta









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