Decided on April 07,2010

Manager, Sakthi Automobiles, Thana Road, Kannur Appellant
Krishnan V Respondents


- (1.)APPELLANTS were the opposite parties 1 to 3 and the respondent was the complainant in OP.295/97 on the file of CDRF, Kannur. The complaint in the said OP.295/97 was filed alleging deficiency in service on the part of the opposite parties in their failure to replace the defective chassis of the vehicle which was purchased by the complainant from the opposite parties. The complainant has also claimed compensation to the tune of Rs. 600/ - per day from 20.6.97 on the ground that he suffered financial loss. The complainant has also alleged manufacturing defect in the chassis fitted for the vehicle (Mini Lorry) which he had purchased on 17.3.96 from the opposite parties.
(2.)AT the first instance, the complaint was filed against opposite parties 1 and 2, the dealer and service center of the vehicle manufactured by Tata Engineering and Locomotive Company Ltd. On the basis of the contentions raised by the opposite parties 1 and 2 in their written version the supplemental third opposite party, the Sale Manager, Telco, Bombay was impleaded vide the order dated 16.3.98 passed by the forum below on the application for impleadment.
(3.)THE opposite parties 1 and 2 filed a joint written version denying the alleged deficiency in service. They contended that the Forum below has no territorial jurisdiction to entertain the complaint as no cause of action has arisen within the territorial limits of the CDRF, Kannur. They also denied the alleged manufacturing defects and submitted that as per the terms of the warranty, the defect noticed cannot be rectified under the warranty. It is further contended that the bolts of the chassis were loose and rubber pad on 2 mounting brackets were missing and it resulted in developing cracks on the chassis. Thus, the opposite parties prayed for dismissal of the complaint.
The supplemental third opposite party filed written version adopting the very same contentions taken by opposite parties 1 and 2 and requested of the dismissal of the complaint.

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