VILAS VENKATESH KHARANGATE Vs. ASHOK LEYLAND LTD

JUDGEMENT

(1.) The present appeal has been preferred by the complainant in Complaint No.221/97 on the file of the District Forum, North Goa, being aggrieved by order dated 20.1.2000.

(2.) Both parties have filed written arguments. For convenience, the parties to the appeal will be referred as arrayed before the District Forum.

(3.) It is the case of the complainant that some time on 13.10.1994 the complainant purchased from the opposite parties the "ashok Leyland ALM 400" Marine diesel engine for the sum of Rs.2,40,375.50 for which a guarantee of 18 months from the date of sale was given to the complainant. Some time in December, 1995 when the said engine was due for 400 hours free servicing and when the said engine was well within the guarantee period, the said engine developed a snag in the gear box and accordingly the matter was reported to the opposite party No.2 on 9.12.1995. The complainant was informed by the personnel at the service department to contact them on Monday, 11.12.1995. The mechanic sent by the opposite party No.2 did not carry any tools and after inspecting the engine refused to attend to the same stating that he had no instructions to do so. Thereafter, after repeated visits, by the complainant, the opposite party No.2 once again despatched the mechanic, again without any tools. The gear box was opened with the help of the complainant's crew and thereafter asked the complainant to get a new set of clutch plates and pressure plates and left the site by promising to return the next date.