M.THANIKACHALAM J. - (1.) The 1st opposite party is the appellant.
(2.) The complainant/1st respondent, had purchased an Ambassador car, by name Avigo, manufactured by the 1st opposite party, from its dealer, the 2nd opposite party, by paying a sum of Rs.5,96,172/-, on 23.8.2005, for which the Registration number was obtained as TN-74 J-7452. At the time of purchase of the vehicle, the opposite parties have assured about it performance, and believing the same, since the complainants family already owned and used Ambassador CarS, had purchased the vehicle.
(3.) The vehicle sold to the complainant, though new one was not upto the mark, and the complainant had noticed deficiency in pulling power, crown noise, door rattling, including sudden opening, head lights not functioning properly, including defect in power steering etc. On 29.9.2005, the complainant explained the entire defects, and the 2nd opposite party, though promised to rectify the same, attempted to rectify, failed since defects were not repairable. The non-repairing and continuous recurring of the defects, should be due to the manufacturing defect, which defect occurred repeatedly. In fact, the 2nd opposite party admitted the defects, when complained, seeking for replacement of the vehicle, but failed/refused to take back the defective car, which should be construed as unfair trade practice, as well as deficiency in service. Hence the complainant is constrained to file this case, for the return of the sale price viz. Rs.5,96172/-, with compensation of Rs.25000/-, with cost.;