PURUSHOTTAM RADHAKISAN MUNDADA Vs. SIPANI AUTOMOBILES LIMITED

JUDGEMENT

(1.) In this complaint, the complainants had alleged the defective manufacture and sale of motor car by M/s. Sipani Automobiles Ltd. The complainants had also alleged that they purchased montana car manufactured by opposite party by paying consideration of Rs. 1,45,367 on 30.9.1991. Initially the car was purchased by complainant No. 1 viz Purushottam Radhakishan Mundada. But later on 26.3.1992 the said car was transferred in the name of complainant No. 2 viz. Smt. Liladevi M. Laddha. The complainants alleged that within 15 days from the delivery of said car, the clutch plate was found damage and it was required repairs. Thereafter, the gasket between block and head of engine was burnt as a result there was leakage of compression. The complainants alleged that entire engine was burnt. It is also alleged by the complainants that after running of motor car it become totally useless. The complainant therefore claimed the amount of Rs. 2,10,830.00 on various grounds towards compensation.

(2.) Notice under sec. 13 of the Consumer Protection Act, 1986 was sent to opposite party by this commission dated 3.1.1994. Despite the receipt of aforesaid notice and notice dated 25.4.1994 the opposite party remained absent. We therefore proceeded ex-parte against opposite party. The complainants claim is supported by the documents and affidavit of complainant No. 1. However, we find from the averments by complainant that the complainant No. 1 viz. Purushottam Mundada transferred the said motor vehicle in the name of complainant No. 2 viz. Smt. Liladevi Laddha is not supported by any document of transfer from the registration authorities. Under these circumstances, we hold that complainant No. 1 alone is entitled to claim the amount of compensation from opposite party viz. M/s. Sipani Automobiles for the loss suffered by him as a result of sale and manufacture of defective motor vehicle. The complainant has claimed the sale price of motor vehicle with deposit of Rs. 10,000.00 and the sales tax and the amount of insurance and registration charges etc. The complainant has also claimed interest over and above the amount of Rs. 1,45,367.00 @ 18% p.a. We find that under these circumstances, the complainant is entitled to value of motor car which he has paid in the sum of Rs. 1,45,367.00 vide receipts dated 19.9.1991 & 13.3.1989. The amount of claim by the complainant towards sales tax, insurance R.T.O. registration charges, road tax, octroi, spare parts, mechanical repairs and interest is rejected. The aforesaid amount has not been paid by complainant towards consideration of motor car and therefore he is not entitled to claim it. Moreover, the aforesaid amount has not been received by opposite party towards consideration of motor car. However, we find that since the complainant has suffered a loss on account of defective sale of motor car, the amount of Rs. 10,000.00 is awarded to complainant towards compensation. Hence, we pass the following order : ORDER

(3.) Complaint is allowed. The opposite party viz. M/s. Sipani Automobiles shall refund to complainant Rs. 1,45,367.00 towards the price of motor car and Rs. 10,000.00 towards compensation. The aforesaid amounts be paid to complainant No. 1 within 30 days from the receipt of this order. Complaint allowed.