M. THANIKACHALAM J. - (1.) The opposite party is the appellant.
(2.) The 2nd respondent/ 2nd complainant, had purchased a Mahindra Champion Auto, manufactured by Mahindra and Mahindra, from its dealer SJP Motors, on 23.6.2005, for which this opposite party financed. The user of the vehicle, by the 2nd complainant, proved to be not worthy, since it had manufacturing defect, causing other related problems. Because of the problems, since it was not rectified, the complainant felt there was deficiency in service, and therefore, he has filed the case against the financier alone, for the recovery of a sum of Rs.2,81,320/-, representing the value of the vehicle, payment made by the 2nd complainant, repair charges of Rs.4000/-, in addition to a sum of Rs.50000/-, for mental agony, as if this monetary loss had occurred to him, by the act of the opposite party.
(3.) The opposite party/ appellant, though received notice, unfortunately failed to appear before the District Forum, and contested the case.;