C N ANANTHARAM Vs. FIAT INDIA LTD

JUDGEMENT

(1.) On 31st October, 2002, the Petitioner herein purchased a Fiat Siena Weekender diesel vehicle from M/s Sundaram Automobiles, Bangalore, the common Respondent in all these three Special Leave Petitions and agent of M/s Fiat India Ltd., the manufacturer of the said vehicle. The Petitioner paid a sum of Rs. 7,69,187/- towards the Ex-showroom price of the vehicle, together with a sum of Rs. 56,537/- towards lifetime road tax and Rs. 28,964/- as insurance. The vehicle was duly registered in the name of the Petitioner on 25th November, 2002, when the vehicle was delivered.

(2.) According to the Petitioner, immediately after registration of the vehicle, it was taken out for a drive when certain defects, particularly in the engine, began to manifest themselves. The same day, the Petitioner left the vehicle with the dealer for removing the defects. On the very same day, the Respondent No. 2, M/s Sundaram Automobiles, wrote back to the Petitioner stating that the vehicle was in good condition and the noise was on account of the operational characteristics of the engine. Thereafter, on several occasions, the Petitioner left the vehicle with the agent and various parts, including the engine itself, were completely replaced. The Petitioner, however, was not satisfied with the performance of the vehicle and came to the conclusion that the vehicle had inherent defects and could not be repaired. He, accordingly, insisted that the vehicle be replaced with a new vehicle or the amount paid by him as sale price be refunded, together with expenses incurred in trying to rectify the defects in the vehicle.

(3.) Not getting any response, the Petitioner filed Complaint No. 474 of 2003 before the IVth Additional District Consumer Disputes Redressal Forum, Bangalore Urban, on 17th April, 2003. The complaint was heard by the District Forum, which allowed the same by its order dated 20th February, 2004, and directed the Respondents 1 and 2 to refund a sum of Rs. 9,15,536/-, as claimed by the Petitioner, together with interest at the rate of 12% per annum and a further sum of Rs. 5,000/- towards cost of the legal proceedings. The claim against Respondent No. 3, M/s Fiat Sundaram Auto Finance Ltd. was rejected.