GEETA KAMPANI Vs. SIPANI AUTOMOBILES LTD

JUDGEMENT

(1.) BRIEFLY the facts are that the complainant purchased a car of Montana make from respondent No. 3 at Lucknow for a total price of Rs. 1,08,800/ -, on 12.7.90. The car is manufactured by M/s. Sipani Automobiles Ltd., -respondent No. 1. Respondent Nos. 3 & 4 are the agents of respondent No. 1 at Lucknow and Delhi respectively. Respondent No. 2 is the Managing Director of respondent No. 1.

(2.) THE warranty of the car was given for a period of six months or 8000 Kms. which was earlier. It is alleged that within a period of four months, when it had done hardly 3,900 Kms., its gear box started giving trouble and clutch release bearing started making undue noise. Sometime later the pressure plate also started giving trouble and that had to be got replaced.

(3.) IT is further pleaded that the car remained with respondent No. 4 for a period of approximately two months from 28.5.91 to 30.7.91, but they did not repair the car which was under warranty. However, the Regional Manager of respondent No. 1, at Delhi agreed to get it repaired. After the car had been repaired the axel of the car broke completely on 15.9.91. The car was got towed from a distance of about 20 Kms. to a mechanic at Gurgaon. It was got repaired from him by spending Rs. 4,000/ -. ft is alleged that the complainant had to spend thousands of rupees on taxi fare. Still the car is not in a working condition. It is consequently prayed that the respondent be directed to refund Rs. 1,08,800/ - with interest @ 18% p.a. from the date of purchase till realization thereof and pay rupees two lacs as damages.