Chander Shekhar Sharma, Member—This appeal is directed against the order of District Forum, Shimla passed in Consumer Complaint No.338/2005, dated 3.1.2009, whereby the complaint of the appellant was dismissed by holding that complaint suffers from several legal and factual infirmities, thus not maintainable.

2. Facts of the case are within narrow compass. Appellant purchased Omni 8 seater vehicle vide sale certificate No.22732, dated 4.11.2003 from respondent No.2. As per allegations made in the complaint, case of the appellant was, that the respondent No. 2 had sold 5 seater by misrepresenting the facts and had charged sale consideration for 8 sealer vehicle. Further averments in the complaint are that the vehicle sold suffered from manufacturing defects, which were not been rectified by respondent No.2 despite repeated requests. These defects in the vehicle were in its brake, tyres, seats etc and it was alleged that respondent No.2 had cheated and also overcharged him in making sale of 8 seater Omni which was actually 5 seater.

3. In this background, complaint under Section 12 of Consumer Protection Act, 1986 was filed for deficiency of service/unfair trade practice on the p