HINDUSTAN MOTORS LTD Vs. C D ROY

JUDGEMENT

(1.) Five days delay in filing the appeal is condoned.

(2.) Appellant is the manufacturer of the Hindustan Contessa Classic Car. Complainant now first respondent before us purchased the Hindustan Contessa Car from the respondent No. 2, the dealer of the Hindustan Motors Ltd., appellant herein.

(3.) Complaining deficiency in service complainant filed complaint before the State Commission claiming damages for the defects in the car. Complainant purchased the car on 30.11.1998 for Rs. 5,01,020/- which was of 1997 make. It is one of the contentions of the complainant that it was an old car but sold to him as a new car. He said that there was various manufacturing defects in the car and he was not getting proper service. Within couple of months he filed a complaint before the State Commission which was numbered as Complaint No. 112/99. It is not necessary for us to detail the defects which the complainant pointed out and which were denied by the appellant. An expert was appointed to inspect the car. It was Mr. Abraham Cherian who gave his report on 20.11.2000. He found various defects which he detailed in the report which we reproduce :