JASBIR SINGH GREWAL COMPLAINA Vs. MAHINDRA FORD INDIA LTD

JUDGEMENT

(1.) JASBIR Singh Grewal has alleged that the respondents gave wide publicity to availability and sale of Ford Escort 1.8 LT (Diesel) motor car. He booked one in the month of September, 1996 on depositing a sum of Rs. 35,000/ - and a priority No. RL -3/ 000168 was allotted to him. On 2.6.1997 he was informed that the motor car was ready for delivery. However the motor car was ultimately delivered to him on 14.9.1998. It has further been averred that after a few days he noticed the motor car delivered to him was not a brand new but it was an old, accidented and a repainted car. So it was not got registered. This grievance was brought to the notice of the officials of respondent No. 2. A registered letter dated 25.9.1997 was also despatched in this regard. The motor car was inspected by Ms. Shivani, Mr. M.R. Acharya and Mr. Kapil and they were convinced that it was a repainted one and advised him to wait for some time. Subsequently the respondents or its employee declined even to acknowledge or issue receipt in respect of the complaints conveyed. He also sent a complaint to Ford Motor Company, London through a fax message dated 10.10.1997 (Annexure C -6). He also served notice dated 17.10.1997 (Annexure C -7). It has further been averred that the delivery of an old, accidented and repainted motor car and failure in its replacement caused great harassment, loss and humiliation. Briefly the relief claimed is as under:

(2.) A reply on behalf of respondent No. 1 has been filed wherein it has been averred that the motor car supplied to tine complainant was a brand new one from the factory inasmuch as it was received only a week before the delivery to the complainant and it was not old, accidented and repainted one. An order from the complainant was received by respondent No. 2 who is the dealer on 5.9.1997. The motorcar was shipped to the dealer on 8.9.1997. It has been averred that respondent No. 1 sells cars to the dealers against advance payment based on the order placed.

(3.) THAT on completion of the necessary repairs and painting to the car in question, the car was delivered to the complainant in the afternoon on 14.9.1997 by Ms. Shivani from the showroom of opposite party No. 2 in the presence of the deponent.' Para 7 of the affidavit of the complainant Jasbir Singh Grewal is also reproduced as under :