ORDER

J.D. Kapoor, President (Oral)- On account of having sold highly defective motorcycle and also having represented as to the average of 92 kms whereas it hardly gave average of 55 kms, the appellant has been vide impugned order dated 5.8.2005, directed to replace the motorcycle and to pay Rs. 5,000 as compensation towards harassment and Rs. 2,000 as cost of litigation.

2. Feeling aggrieved the appellant has preferred this appeal.

3. Allegations of the respondent leading to the impugned order in brief were that he purchased a Kinetic Motor Cycle model Velocity bearing registration No. DL 3S AH 4928 from appellant No. 2 for Rs. 40,792 on 24.10.2003. He was assured that the motorcycle will give an average of 92 kms for 1 Ltr. Petrol and that it has excellent pick up. In case of any manufacturing problem the vehicle would be replaced by the appellant No. 1. After about one month of its purchase, respondent found that vehicle was heating up even on driving for a few minutes and its pick up was also very low. Even load capacity of the vehicle was low. The clutch plate of the vehicle burnt in January 2004 just after running 5000 kms. When he visited the appellant, clutch plate was chang