ASHISH MIDHA Vs. SIPANI AUTOMOBILES

JUDGEMENT

(1.) Briefly the facts of the case are that Sh. M. L. Sharma, respondent No.2 purchased a Montana Car. The complainant purchased that car from Mr. Sharma on 9.7.90 for a sum of Rs.1,00,000/-. The sale, it is alleged, was effected in favour of the complainant by Mr. Sharma during the warranty period. It is further alleged that Mr. Sharma had purchased the car for Rs.98,000/- and availed of only one service during the warranty period.

(2.) It is pleaded that the car suffered from a large number of defects regarding which complaints were made to respondent No. l but the same could not be rectified by them. Consequently, it has been prayed that the respondent be directed to refund the amount of Rs.98,000/-, the price of the car and pay Rs.10,000/- on account of taxes, insurance, etc. and Rs.50,000/- as damages.

(3.) The complaint has been contested by the respondent inter-alia on the ground, that the complainant has no right to institute the present complaint as he is not the original purchaser and that there were no defects in the car as alleged by him.