Appeal No.1994/08


1.Sunil Sethi through Sethi Auto Mobiles,Sirohi

2.

Bajaj Auto Ltd.,Civil Lines,Jaipur. Appellants


V.

Mahesh Singh Respondent


Before:


Mr.Justice Sunil Kumar Garg-President

Mrs.Vimla Sethiya-Member


Shri Lokesh Sharma,counsel for the appellants

Shri Nikhil Simlot,counsel for the respondent



Date of judgement: 5.5.2009


BY THE STATE COMMISSION


This appeal has been filed by the appellant which were ops before the District Forum,Sirohi against the order dated 25.9.08 passed by the District Forum,Sirohi in complaint no.74/05,by which the complaint of the complainant respondent was allowed against the appellants in the manner that the appellants were directed to replace the Bajaj C.T.100 motor cycle by a new motor cycle or to pay its price to the tune of Rs.32,406/- to the complainant respondent and further to pay Rs.5000/- as amount of compensation for mental agony and Rs.1500/- as amount of cost interalia holding that the motor cycle supplied by the appellants was having a manufacturing defect and further holding that the motor cycle is still in the possession of the appellants.


2


Aggrieved from that order this appeal has been filed by the appellants.


In this appeal,this point had come in picture that the findings of the District Forum by which it was held that the motor cycle is in possession of the appellants are wrong one as the motor cycle is in possession of the complainant respondent even today.


When this being the position,the impugned order could not be sustained as the impugned order was passed taking into consideration that the motor cycle is in the possession of the appellants.


For reasons as stated above,the matter is to be remanded back again to the District Forum to be decided afresh on merits and this appeal deserves to be allowed.


The result is that this appeal filed by the appellants is allowed,impugned order dated 25.9.08 passed by the District Fourm,Sirohi is quashed and set aside and the matter is remanded back to the District Forum,Sirohi to be decided afresh on merits in accordance with law after giving an opportunity of hearing to the parties. Parties are directed to appear before the District Forum,Sirohi on 2.6.09.




Member President