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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 3734 of 2000

PETITIONER:

Maruti Udyog Ltd

RESPONDENT:

Susheel Kumar Gabgotra & Anr

DATE OF JUDGMENT: 29/03/2006

BENCH:

ARIJIT PASAYAT & TARUN CHATTERJEE

JUDGMENT:

J U D G M E N T

ARIJIT PASAYAT, J.

Challenge in this appeal is to the judgment rendered by a

Division Bench of the J & K High Court at Jammu dismissing

the appeal filed by the appellant under Section 17 of the J&K

Consumers Protection Act, 1988 (in short the ’Act’). Challenge

in the said appeal was to the order dated 9.11.1998 passed by

the J&K State Consumer Redressal Commission (in short the

’Commission’) on a complaint filed by respondent no.1. In the

complaint appellant and respondent no.2 were impleaded as

the opposite parties.

The factual background in a nutshell is as follows:

Respondent-complainant filed a compliant before the

Commission seeking a direction to the appellant herein to take

back the Maruti car back and repay an amount of

Rs.1,97,460.37 being the cost of the car supplied to him, along

with interest at the rate of 18 per cent with effect from

27.11.1996, as the car was defective. He also sought

comp