IMPORTANT POINT
Where a new scooter started giving troubles and repairs could not rectify those faults it must be taken having manufacturing defects.

S.N. Basu, Member—This is an appeal directed against the judgment and orders passed on 20.4.05 by the Ld. Dist Forum CDF-1 in case No. 240/02 directing the Op No. 3 to pay to the Complainant Rs. 35,340 within 45 days being the refund of price in respect of the scooter purchased by Respondent No.1. Being aggrieved by the said judgment and order the present appeal has been preferred. The facts of the case briefly are that respondent No.1/complainant purchased a Bajaj Scooter being model Saffire having Engine No. CFG-BGK-14515 and Chassis No. CFV-BGK 14442 from OP No. 3 on 14.3.01 for a sum of Rs. 35,340. The complainant stated in her complaint that from the very date of purchase the scooter had been giving various troubles such as noise of break due to defective/faulty mechanism, defective seat lock, defective smoke exhaust system and head leakage. Having noticed the above defects the scooter was brought to OP No.3 on the following date i.e. 15.3.01. The defects were attended by OP No. 3 and necessary repairing was carried out. The complainant took delivery of the repaired Scooter but the same again developed almost the same defects and the complainant again went to the OP No. 3 and handed over the Scooter to them. The Scooter was again repaired by the mechanic of OP No. 3 and was handed over to the complainant. But very shortly it again developed defects and the complainant once again met OP No. 3 and requested them to take necessary measures so that the problems did not recur in such quick succession. The Scooter was handed over to OP No. 3 but they did not pay any importance to such request of the complainant. Being highly aggrieved due to indifferent attitude of OP No. 3 from whom she had purchased the scooter which failed to give satisfactory service since its very inception and the defects continued even after 2 repairs had been undertaken by OP No. 3, she filed a complaint before the Dist Forum CDF1 alleging unfair trade practice against all the 3 OPs including the manufacturer. The OPs contested the case before the Ld. Forum. They contended that they had repaired the scooter as and when such defects were brought to their notice free of costs within the warranty period and had also changed certain parts to make the scooter trouble free. However, the complainant was still not satisfied with the service of the scooter and had unnecessarily filed the present complaint. The complainant made a prayer before the Forum below for replacement of the scooter or refund the price paid to OP No. 3. Though the OP No. 3 initially appeared before the Forum below to contest the case, they did not contest the case till the end. The OP No.1 & 2 who are the appellants in the present appeal contended before the Forum below that the scooter had been repaired thoroughly by OP No. 3 after it was handed over to them last time but the complainant did not take delivery of the scooter. The complainant contended that she had not taken delivery of the scooter as it had several manufacturing defects which could not be corrected by OP No. 3 though the Scooter was earlier placed with them for repair. Since after each repairing and servicing the same defects appeared again she had lost confidence in the ability of the OPs to repair the scooter to make it trouble free and roadworthy and that is precisely the reason why she had not taken delivery of the scooter from OP No. 3 for the 3rd time.

2. The Ld. Forum after hearing both sides had issued three directions both on the complainant as well as the OPs on 29.6.04, 22.7.04 and 29.9.04 for repairing the scooter and making it roadworthy. The complainant was also directed to take delivery of the scooter which was claimed to have been thoroughly repaired by the OPs and made trouble free and roadworthy. As per direction of the Forum the complainant took delivery of the Scooter but only to report it back to the OP No. 3 with the same problems. After passing of order by the Forum below the order was implement