MOHANARAO MARUTHIRAO CHARGE Vs. SIPANI AUTOMOBILES LTD

JUDGEMENT

(1.) The learned Counsel for the Respondent and the Respondent are absent. The Respondent has filed his statement of objections. The learned Counsel" for the Complainant and the Complainant are present.

(2.) The facts, briefly stated, are as follows: the Complainant purchased a Montana Diesel Car by making payment of a sum of Rs.1,25,024/- to the Respondent. The Complainant made payment of this amount to the Respondent on 3 occasions, i. e. , an amount of Rs.10,000/- at the time of booking in the month of April 1989; an amount of Rs.1,06,650/- on 13-8-1990 and further sum of Rs.8,374/- in the month of September, 1990, as per Annexures D and F. The Complainant took delivery of this vehicle from the Respondent in the month of November 1990. The Complainant purchased this vehicle in pursuance of an advertisement given by the Respondent in the English Daily Newspaper Deccan Herald dated 4-7-1989 and also publication made in some other newspapers and automobile journals to the effect that the engine was manufactured by V. S. T. Tillers and Tractors, Bangalore with joint collaboration of Mitsubishi, Japan and that the said car was tested and approved road-worthy by Vehicle Research and Development Establishment of Government of India, which will facilitate registration of vehicles with the Transport authorities.

(3.) After the said purchase, the Complainant found that the car was not giving him satisfactory service and started giving all sorts of trouble, i. e. ,. Engine oil got thickened, there was no fuel efficiency, the engine got overheated, it began to emit dense smoke and its body was rattling. The Complainant finally found that the car was not fitted with the engine manufactured by the VST Tillers and Tractors, Bangalore with joint collaboration of Mitsubishi, Japan, but the engine fitted to the vehicle was that of 'jaya' engine manufactured at Coimbatore.