SHRUTI MOTORS Vs. SHIVASHANKARAPPA & ORS

JUDGEMENT

(1.) THIS is an appeal filed by the OP No. l /Authorized Maruthi Suzuki dealer challenging the correctness, legality and propriety of the order dated 24.1.2011 passed by the DF, Chitradurga in Complaint No. 98/2010 whereby the complaint filed by the complainant is allowed in part directing OPs 1 and 3 to deliver a new Maruthi Suzuki DZIRE VDI Car of the same model and to pay life tax insurance and registration charges to the complainant by retaining the complainant's car bearing KA -16 M -4569 which is with OP No. l or OPs 1 and 3 are jointly and severally liable to refund the sale price of the car Rs. 5,81,088 with 10% interest from 3.8.2009 till realization by deducting Rs. 40,000 paid by OP No. l through DD dated 13.12.2009 and Rs. 75,000 towards compensation for mental agony, travelling expenses and Rs. 4,000 towards litigation expenses to the complainant. Therefore, OP No. l has come up with this appeal.

(2.) THE brief facts of the case are as follows:

(3.) THE further contention of the complainant that on 26.10.2009 when the complainant was going towards Tumkur the vehicle suddenly broke down and the same was intimated to OP No. 1. OP No. l advised him to take the vehicle to OP No. 2 at Tumkur service centre. As per the advice he took the vehicle to the said service centre and found that that the earlier defect was not rectified properly and the engine was over heating. Thereafter on one or the other pretext the said vehicle was giving defects and subsequently complainant was approaching OPs. Therefore, filed a complaint before the DF.