In Brief
A consumer purchased a new Tata Victa car from a dealer, paying the full amount but received a used 2005-model car with 10,000 kms already run after a year's delay. The District Forum and State Commission found it was a used demo/test-drive vehicle and ordered replacement with a new car. The National Commission reversed this, awarding only Rs. 1 lakh compensation. The Supreme Court restored the lower orders, holding that the National Commission exceeded its revisional jurisdiction by overturning concurrent factual findings. The Court reaffirmed that a dealer duty-bound to deliver a new car when paid in full cannot deliver a used or defective one. The dealer was ordered to replace the car with a new one as originally promised.
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