KISHORE AUTOMOBILE P LTD Vs. PREMA CHANDRA BENIA

JUDGEMENT

(1.) This is an appeal against the direction of the District Forum, Rayagada to the present appellant, authorised dealer of Hindustan Motors Ltd. to pay interest at the rate of 12 per cent per annum on the costs of the vehicle i. e. , Rs.3,90,000/-.

(2.) Complainant purchased one HM RTV vehicle on 29.12.2000 from the authorised dealer the appellant, the manufacturer being the Hindustan Motors Ltd. Shortly after taking delivery he found the vehicle to have manufacturing defects i. e. , defect in gear box, clutch etc. So much so during the third free servicing the gear pin of the gear box was damaged. The vehicle was handed over to the present appellant on 29.5.2001 at Berhampur for repair. The same was scheduled to be delivered back on 1.6.2001 after repairing. This was within the warranty period. The present appellant did not give delivery of the vehicle till the date of filing of the case.

(3.) The appellant was O. P. No.2 in the District Forum though received notice did not appear, nor any written version was filed. The manufacturer appeared and pleaded that the vehicle had no manufacturing defects, it was a steady and road-worthy vehicle, that it had no knowledge or information about what transpired between the complainant and the present appellant-dealer. The case was not maintainable before the District Forum, on account of absence of territorial and pecuniary jurisdiction and that the vehicle was used for commercial purpose etc.