Decided on July 12,2010

Genaral Manager And Others Appellant
A Yatheendra Das Respondents


- (1.) THE order dated 30.1.2007 in O.P. 299/03 of CDRF, Alappuzha is being assailed in this appeal by the opposite parties. As per the impugned order the opposite parties are under directions either to replace the car of the complainant with a brand new car or to pay Rs. 3,45,000/ - with interest at 9% per annum from 11.6.2003. along with compensation of Rs. 15,000/ - and cost of Rs. 900/ -
(2.) THE case of the complainant is that he has purchased a TATA INDICA V2 PETROL CAR manufactured by the second opposite party, from the first opposite party on 11.6.2003 and that from the very date of purchase, the vehicle had several defects. It is alleged that the painting was rough and abrasive and the glass parts were rough and that after running only 400 kilometers, the Steering Fluid Pipe was damaged due to some manufacturing defects. Though the complainant had reported the defects to the opposite parties and though the service engineer had inspected the complainant s vehicle and reported the defects, nothing was done. The complainant wanted a new vehicle from the opposite parties and though the same was requested, the opposite parties were not amenable. Hence the complaint was filed praying for directions to the opposite parties to pay the sum of Rs. 3,45,000/ - being the purchase value of the car with compensation of Rs. 50,000/ - -
(3.) THE opposite parties filed separate versions. The first opposite party contented that the complainant had purchased the vehicle fully convincing himself of the quality of the vehicle. It was admitted that the complainant had brought the vehicle to them with the complaint of slight roughness of the painting and it was attended and cleared on rubbing and polishing it. It was further submitted that the complainant had not raised any other complaints at that time and contenting that there was no deficiency of service, the first opposite party prayed for the dismissal of the complaint with cost. In the version filed by the second opposite party, it was contented that the complaint was not maintainable and that none of the opposite parties were functioning with in the jurisdiction of the Alappuzha Forum. It was further submitted that the complainant had taken delivery of the vehicle after being fully satisfied all the conditions of the vehicle. Second opposite party submitted before the Forum that there was no manufacturing defect in the vehicle and that there was no deficiency in service on their part.;

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