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V.B.GUPTA
MARUTI SUZUKI INDIA LTD. – Appellant
Versus
RAVI KHANNA (DECEASED) – Respondent


Advocates Appeared:
Mr. K.P.S. Rao, Advocate with Ms. A. Subhashini, Advocate, for the Appellant; Mr. Sanjeev Sharma, Advocate, for the Respondent

ORDER

Mr. Justice V.B. Gupta, (P.M) - Petitioner/Opposite Party No.1 has preferred this revision against impugned order dated 17.07.2007 passed by State Commission, Delhi (for short, 'State Commission') in Appeal No.428 of 2004.

2. Brief facts are, that Respondent No.1/Complainant (since deceased) in its complaint filed before District Consumer Disputes Redressal Forum, Mehrauli, New Delhi (for short, 'District Forum') alleged, that he purchased a Maruti Esteem Diesel P/Silver car on 17.11.2002 for Rs. 5,50,633.49p. which was partly paid in cash and partly through ICICI Bank with whom the car was hypothecated. On driving the car he came to know that car had a manufacturing defect. When he contacted for first service on 28.06.03, all of a sudden the engine of the car started giving loud noise. He did not get any positive response for getting the defects rectified. However, later on vehicle was taken to the service station for getting the defects rectified. It took two weeks to remove the defects but defects still persisted. Petitioner refused to take the delivery of the car. The mechanic brought the vehicle at the residence of respondent no.1 on 05.07.03. Respondent no.1 has alleged,

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