SUDHIR SARAN BHATNAGAR Vs. CHAIRMAN COMPETENT AUTOMOBILES CO P LTD

JUDGEMENT

(1.) Briefly the case of the complainant is that he purchased a new Deluxe Maruti Car bearing registration No. DBM-8 on 3rd July, 1989 from the Competent Automobiles Company, defendant No.1. It is pleaded that it started giving trouble from the date of purchase. It was sent to the workshop for removing the defects in the first year about 14 times. On one occasion the car, it is alleged, remained in the workshop of defendant No.2 for 16 days. He was required to pay for the repairs on some occasions but inspite of that, two defects of the car have not been removed by the defendant till date. These defects are; first, clutch is hard and secondly, pickup of the car is not proper. He also pleaded misbehaviour on the part of employees of respondent No. l. He claimed the following reliefs against the defendants:-

(2.) The claim has been contested by the defendants. Defendant No.1 in their written statement admitted that the complainant brought the car to them for repairs on many occasions. However, they pleaded that they always repaired the car. They further stated that the car had no defect much less a serious defect. Other allegations are denied by defendant No.1.

(3.) Defendant No.2 in their written statement took preliminary objection that the Commission had no jurisdiction to try the complaint. On merits it is pleaded by them that defendant No.1 attended to the vehicle of the complainant whenever it was taken to their workshop for repair an that there was no deficiency in service or the goods supplied to the complainant. The defects if any were of minor nature and subject to correction. They further pleaded that the problems pointed out by the complainant from time to time were rectified by defendant No.1 and the vehicle remained in good condition.