(1.) The complainant had purchased a brand new car from the respondent and paid consideration of Rs.2,75,000/- on 5.1.1995 but after delivery it was found that the car was not a new car as it suffered from several defects and since there was a breach of the condition of merchantability, the complainant has through this complaint sought not only the replacement of the car with a new car free from all mechanical/technical defects but also compensation of Rs.1,90,000/- for mental agony, harassment and inconvenience caused to him. Apart from this, the complainant has also prayed for interest @ 24% of Rs.2,83,000/-, the cost of the car and the expenses incurred on its rectification/repairing.
(2.) In its reply O. P. raised preliminary objections as to the maintainability of the complaint inasmuch as it was being used for commercial purposes in the name of Chairman of the Company M/s. Concord Air Handling Services Ltd. and not for personal use. The O. P. has also denied the allegations of having sold an old car. The O. P. has averred that the said car was delivered to the complainant after due inspection and satisfaction and in token thereof the complainant signed the note at the time of delivery of the car.
(3.) However, the following defects were noticed in the car and according to the complainant these rendered the car unmerchantable: (1) Paint of the front bumper was defective. (2) Finish of the left side of the screen was defective. (3) There was a rattling noise. (4) Speedometer was not working. (5) Knob of the clock was missing. (6) The balance of the steering wheel was defective.