(1.) The appeal is challenge to the order of the District Forum-II, Vijayawada at Krishna in C.C.No.54 of 2006.
(2.) The facts of the case are as follows:
(3.) The respondent purchased a new school bus bearing model No.8040104, 10.75FRHD 3760 W.B. on 10.06.2005 from the appellant no.2 for a sale consideration of Rs.9 lakhs by availing financial assistance from M/s Kothak Mahindra Bank Limited Vijayawada. At the time of the delivery of the vehicle, the respondent noticed that the vehicle had already run a mileage of 4642 km and due to which the respondent expressed reluctance to accept and take the delivery of the vehicle. The appellant no.2 persuaded the respondent to take the delivery of the vehicle as it was a defect free vehicle. Within a short period after the vehicle was put into usage, a series of defects posed which include the problems of brake operation system, unusual heating of drums, housing bend and unreasonable wear and tear of all the tyres, front axle bend and worn out of king pins and excessive of fuel consumption. The respondent informed the same to the appellant no.2 with a request to replace the vehicle with a new one. As there was no response, the respondent got issued a notice dated 7.2.2006 to the appellants and filed the complaint before the District Forum.