- (1.) Leave granted. We have heard the counsel on both sides.
(2.) This appeal by special leave arises from the Order, made on September 23, 1996 passed by the National Consumer Disputes Redressal Commission in F.A. No. 784/94.
(3.) The respondent had booked commercial vehicle, more commonly known as a Tipper Truck with registration No. SK 1210/B/36 on May 7, 1991. He purchased the vehicle after securing loans from a nationalised Bank on usual commercial rate of interest. After running the vehicle as driver-cum-owner for 9000 kms., it was found that the tyres were worn out completely, front axil pins of the vehicle were not fixed properly; at a speed of 40 kms. per hour the vibration of the vehicle (empty) was very high as the cabin was completely loose etc. He mentioned these defects in his letter dated March 10, 1992, after eight months. Subsequently, he reiterated the same in his different letters addressed to the agent, through whom he had purchased the vehicle. Finally, by letter dated May 2, 1992, after intimating that in spite of running the vehicle for 18000 to 18500 kms., despite repairs, the vehicle continue to give the same trouble. In spite of the warranty of service, the trouble was not done away. Accordingly, he filed a complaint with the State Commission. The Commission after considering the evidence and hearing the counsel on both sides, found that the appellant was liable to pay a total amount of Rs. 4,81, 132-17 with interest at the rate of 18% per annum w.e.f. July 28, 1992. That was confirmed on appeal by the National Commission. Thus this appeal by special leave.;