A.K.ANNAMALAI, J. - (1.) Opposite parties 1 to 3 are the appellants.
(2.) Complainant purchased a Tata Indigo Lx Dicor car bearing registration No.TN-48-J-5758 on 31.7.07 for Rs.5,86,734/- from the 1st opposite party and also spent more than Rs.1,00,000/- towards the purpose of using the car on road. From the date of purchase itself the complainant noticed meritorious defects in the said car as many as 10 defects mentioned in the complaint and handed over to the 1st respondent/1st opposite party for service and in spite of it 1st opposite party returned the car after service stating the car?s defects were rectified and in spite of the same the defects were found continued. The opposite parties have provided the defective car which is unfit to use on road with such condition and thereby the complainant claiming Rs.8,27,409/- towards damages and directing for the other reliefs if any and for costs.
(3.) The opposite parties denied the allegations and contended that the car purchased being the new type of diesel model having certain noise because of the engine nature and the complainant was advised to follow the instructions in using the car which is different from using of petrol car and after service the car was found no defects and it was effectively serviced and handed over to the complainant and they have extending utmost co-operation in doing prompt service and there is no deficiency on the part of the opposite parties.;