Mrs. Caroline Collasso, Member—This appeal is preferred against judgment and order dated 28.7.2008 passed by District Forum, North Goa, in Complaint No. 29/2004. The present appellant was original opposite party No. 2 and respondent No. 1 was original Complainant and respondent No. 2 was original opposite party No. 2.

2. The complaint is about a manufacturing defect in a Bajaj Chetak 4 Stroke scooter purchased of the complainant on 9.1.2004. He states that few days after purchase, he noticed that the kick did not come back to its original position and remained at the lower and vehicle engine started emitting unusual sound. The complainant took the vehicle to the service centre of the opposite party and states that the engine of the vehicle had to be removed and he had taken photographs of the same. Complainant took delivery of the vehicle on 7.1.2004 after major repairs under protest but various other problems continued.

3. He brought these problems to the notice the opposite party through various letters and sent a notice on 2.2.2004. Since the Opposite Party did not comply to his demand of refund of purchase amount and compensation, the complaint was filed.

4. The opposite par