M.THANIKACHALAM, J. - (1.) The unsuccessful complainant is the appellant.
(2.) The complainant had purchased Siera DSL ELX vehicle, manufactured by the 3rd opposite party, from its dealer, the 1st opposite party, in the year 2003 January, for which corporate warranty was given by 2nd opposite party. The complainant, observing manufacturing defect in the vehicle, especially defect in the steering box, within the period of 3 years- extended warranty, handed over the vehicle to the 1st opposite party, for service, which was not attended, whereas they have refused to attend under warranty, quoting clause 12 of the terms and conditions, which should be construed as negligence, as well deficiency in service.
(3.) The vehicle was in the custody of the 1st opposite party, from October 2005, and therefore there was no opportunity or occasion to take away the vehicle, change the tyre or meddle with the vehicle to suit the convenience of the complainant. Further when the vehicle was in the custody of the 1st opposite party, they have damaged the diesel tank. Because of the deficiency shown by the 1st opposite party, the complainant was forced to take the vehicle to M/s.South India Motors, and M/s. Atu Park, where he had spent a sum of RS.38,450/-, towards the power steering wheel and fuel tank assembly, that too because of the act of the 1st opposite party, which should be reimbursed. Issuance of legal notice, elicited only false reply, thereby causing mental agony, shock and sufferings, for which the complainant is entitled to a sum of Rs.2 lakhs, Rs.50000/- towards retaining the vehicle, at the carriage, in addition to Rs.10000/- towards cost.;