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Judgment
-THE respondent, who is practising Advocate, purchased a Puch Auto Cycle (Regn. No. DL -3SD/8605) from the appellant for a sum of Rs. 13,733/- on 30.9.1992. From day one it started giving trouble not only in respect of its functioning but also in respect of its mileage. THE appellant represented that the vehicle will give 91 kms. per litre whereas it hardly gave 50 kms. per litre. He took the vehicle to the appellant on several occasions for rectification of the defects in gearbox, clutch, speedo meter, shockers and accelerator, which were not functioning smoothly and giving him trouble again and again. Vide impugned order dated 31.10.1995 the District Forum directed the appellant to take back the vehicle and pay its price within one month besides Rs. 2,000/- as cost of litigation.
FEELING aggrieved by the impugned order the appellant has directed this appeal. Admittedly the vehicle in question is still in possession of the respondent and it appears that though it is being driven grudgingly because of its being troublesome but in view of the circumstances of retention of the vehicle for more than 12 years with the respondent we deem that no purpose would be served in returning the vehicle but the respondent can be compensated for deficiency in service and selling the vehicle which was having certain parts of poor quality. We allow the appeal partly by setting aside the impugned order and award Rs. 5,000/- as compensation besides cost of litigation awarded by the District Forum.
The appeal is disposed of in above terms.
A copy of this order as per statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to record room. The FDR deposited by the appellant be returned to the appellant after completing necessary formalities. Appeal disposed of.