A M DINESH KUMAR Vs. HINDUSTAN MOTORS LTD

JUDGEMENT

(1.) This complaint is filed under Sec.12 of the Consumer Protection Act.

(2.) Briefly stated, the material allegations in the complaint are as follows: Attracted by the wide spread advertisement about the high qualities of Ambassador Nova Deluxe Diesel Car manufactured by opposite party No.1 and believing the said representations to be true and correct and on being informed that the opposite party No.1 is the Premier Manufacturer of automobiles in India, complainant was induced to place an order for the said car with opposite party No.3, the agent of the 1st opposite party. The total price of car Rs.2,26,425/- was paid in advance to the 3rd opposite party on 5.12.91 as pay order on the Federal Bank Ltd. Opposite Party No.3, with whom the sister concerns of the complainant had earlier dealings, agreed to take delivery of the vehicle allotted to him from 2nd opposite party, the Branch Office of the same company. Accordingly the complainant authorised opposite party No.3 to take delivery of the vehicle from opposite party No.2. On 18.12.91 the car was delivered by the opposite party. An additional amount of Rs.220/- was claimed on the ground of price hike which was paid by the complainant. After taking delivery, the complainant inspected the car and found it to be in shabby conditions. Though the complainant orally represented to 3rd opposite party about the complaints no action was taken. Therefore the complainant sensations of the complainant, he caused a registered lawyer notice to be sent to the opposite parties. The opposite parties 1 and 2 did not reply to the same till this date. Opposite party No.3 sent a reply. The complainant purchased the car for the personal use of the complainant and believing the representation made in the advertisement. For purchase of car amounts were advanced to the complainant by the Federal Bank of India and the complainant was liable to pay interest at the rate of 23.75% per annum on the loan amount. The complainant is not in a position to make use of the car which he was compelled to purchase due to his urgent necessity. The car is now lying in the garage of the complainant like a museum piece. The request of the complainant to the opposite parties to take back the car and keep it in their custody has not been heeded to. The complainant has paid an amount of Rs.5020/- towards Insurance, an amount of Rs.1550/- towards delivery charges, Rs.100/- towards registration charges and Rs.100/- towards Surveyor's fees. He also was forced to spend an average amount of Rs.100/- as conveyance charges due to lack of vehicle and the opposite parties are bound to pay the complainant at the rate of Rs.100/- per day towards conveyance charges. Serious inconveniences and mental agony also have been caused to the complainant and he was entitled to compensation addressed the opposite parties drawing their attention to the defects noticed which were also detailed in the letter and requested for substitution of the car which was neither serviceable not in accordance with the specifications.

(3.) On receipt of this letter, opposite party No.3 informed the complainant that the vehicle would be inspected by the Assistant Regional Manager (Service) of opposite party No.1 at 10.30 a. m. on 8.1.92. Accordingly the vehicle was produced before him. The Asstt. Manager was convinced that the vehicle suffered from defects detailed in the complainant. As per letter dated 15.1.92 the opposite party No.3 requested the complainant to send the vehicle for carrying out "rectification of the complaint". The complainant made it clear to the Asstt. Regional Manager of the opposite party No.1 and Branch Manager of opposite party No.3 that he would not be satisfied with the repair of vehicle and the vehicle had to be substituted. The complainant called upon the opposite parties as per letter dated 20.1.92 to substitute the vehicle and to compensate him for the loss and damage caused to him. Although the letter was acknowledged the opposite parties did not care to take any action.