HINDUSTAN MOTORS LTD Vs. SURI FASHIONS PVT LTD

JUDGEMENT

(1.) THIS is an appeal filed by the Opposite Party No. 2 (M/s Hindustan Motors Ltd) in Case No. 38 of 1989 on the file of the State Commission, U. P. challenging the correctness of the Order dated February 6, 1990 passed by the State Commission in so far as it has directed the appellant to pay a lumpsum compensation of Rs. 10,000/- in addition to the other reliefs granted to the complainant therein under the said order.

(2.) THE first respondent Company filed the complaint before the State Commission stating that on July 23, 1988 it purchased a Contessa Car from M/s Hindstan Automobile Kanpur, the local dealers of M/s Hindustan Motors Ltd. It was alleged in the complaint that there were serious defepts present in the vehicle such as broken speedometer cable, defective brake system, defect in two glass regulators and also the painting of the vehicle. It was also alleged in the complaint that the Opposite Party No. 1 had illegally failed to supply to it the migration certificate and in consequence of the said default, physical and mental agony was caused to them. On these grounds the complainant prayed that it may be awarded appropriate damages.

(3.) THE next ground on which compensation had been claimed by the complainant was that the paint work on the car was defective and the whole car had to be repainted afresh. After discussing the evidence adduced in respect of the matter, the State Commission found that the complainant was not entitled to the grant of any relief on this ground also.