LAKSHMI MOTORS REP. BY ITS MANAGING PARTNER MR.PAMULAPATI RAJESH Vs. RAMANJANEYA TRADERS REPRESENTED BY ITS PARTNER

JUDGEMENT

(1.) This is an appeal filed by the opposite parties before the District Forum assailing the order passed by it in C.D.No.265/2006.

(2.) The facts that led to filing this appeal are as follows:

(3.) The complainant purchased a Tata Indica Motor car on 29-4-2005 with chasis No.600121BZUP28701 and engine No.4751D105BUZP27701 from the second opposite party and took its delivery through 1st opposite party and the vehicle was registered under No.AP07AB8999. The 2nd opposite party promised the complainant prompt service through 1st opposite party. The complainant submitted that after running 4 to 5 thousand KMs, there was deterioration in Engine oil position resulting in emission of huge and heavy smoke through silencer besides jerk of the vehicle. At the time of giving the vehicle for 1st service to the 1st opposite party the complainant noticed fall in Engine oil level by liter and the concerned authorities also noticed the emission of heavy smoke from the silencer while running the vehicle. The complainant approached 1st opposite party many times but 1st opposite prty gave evasive replies without taking due care to rectify the defect and directed the complainant to approach 2nd and 3rd opposite parties to rectify the said defect. The complainant approached the 1st opposite party on 6-9-2006 and handed over the vehicle with meter reading at 38526 km demanding rectification of the defect for which the opposite party replied that it was common for all vehicles. The complainant, therefore, got issued legal notice dated 7-9-2006 to all opposite parties to rectify the said defect for which they failed to reply. Hence the complaint filed the complaint