SECRETARY BELLARY CITIZENS FORUM Vs. SIPANI AUTOMOBILES LTD

JUDGEMENT

(1.) After hearing the Complainant and the Learned Counsel for the respondents and perusing the records, the Commission delivered the following:

(2.) One Mr. Om prakash purchased a Montana Diesel Car from respondent No.1 through Respondent No.2on3.7.1990 by paying Rs.1,16,650/- in pursuance of the advertisement given by Respondent No. l in the press and the statement at Page No.44 of the owner's handbook issued by respondent No.1 and also believing the statement in Para (2) of the letter dated 7.8.1989 of Respondent No.1 that vehicle's performance was unmatched by any other car of its class and that the said car was fitted with the engine of Mitsubishi (Japan ). The complainant had all along insisted on the car fitted with Mitsubishi engine being supplied to him (vide letter dated 8.5.1990 ). But after taking delivery of the car, the complainant found that the car was not working properly and was not giving him satisfactory service. He also found that the engine fitted to the car was Jaya engine and not Mitsubishi engine. Even after getting it repaired, the car was not still giving him satisfactory service. Hence, he has filed this complaint for refund of the cost price of the car through the Secretary, Bellary Citizens' Forum.

(3.) Respondent No.1 has resisted the complaint by contending inter-alia that M/s. Sipani Automobiles Ltd. , has sold the Montana Diesel car to Sri Om prakash on 3.7.1990; that the company bad no intention to bind itself in contract that the car would be fitted with Mitsubishi Diesel engine through advertisement in newspapers and magazines; that no such term was embodied in the agreement; that it bad informed the Purchaser that since the Mitsubishi engine was not available in the market, Montana Diesel car fitted with Jaya engine was only available for delivery; that it has never mislead or misrepresented to the purchaser; that the Company made necessary efforts to fit the VST Mitsubishi engine but because of unforeseen things, the company had to abandon their idea to fit Mitsubishi engine to the car, that the car delivered to the purchaser in this case is in no way sub-standard and that it is more efficient in performance; that the defects noticed in the car are not due to manufacturing but due to other reasons, such as use of quality diesel and non-maintenance of engine, etc. , improper way of engaging of gears and bad handling and that the purchaser is not entitled to the refund of the amount claimed.