ASHOK LEYLAND LIMITED Vs. PRABHULAL MARU

JUDGEMENT

(1.) THE present appeal is filed by M/s. Ashok Leyland against the order 16.11.2001 passed by the State Commission, Orissa Cuttack in Original Complaint No. 45 of 1996, allowing the complaint for deficiency in service.

(2.) BRIEF facts of the case are : The appellant-Ashok Leyland is the manufacturer and Shri Prabhulal Maru is the respondent No. 1 who purchased Ashok Leyland chassis with engine for a bus being Model "Comet Minor" ALPSV 3/15 WB 142 fitted with HINO 4D engine, 5 speed synchromesh Gear Box, tool kit, without front end structure for Rs. 3,55,478.35 (inclusive of Orissa Sales Tax @ 4%) from respondent No. 2 JL Automotives, Banarpal, District Angul who is the authorized dealer of the appellant. Respondent No. 3 is Cuttack Central Cooperative Bank Ltd., Cuttack who has issued the demand draft in favour of the appellant. Both respondent Nos. 2 and 3 are proforma respondents.

(3.) WE heard both the parties at length and carefully perused the records. The main issues involved are as follows: