MAMAN SINGH Vs. SIPANI AUTOMOBILES LTD

JUDGEMENT

(1.) The complainant purchased a Montana car on 10th April, 1990 for Rs.1,16,412/-. It is alleged that the car did not function properly and various defects appeared therein within a short time of taking its delivery. It was sent to workshop as many as 21 times but the defects could not be removed by the opposite parties. It is, therefore, prayed that the respondents be directed to refund Rs.1,16,412/- with interest @18% p. a. and pay Rs.17,242/- as cost of repairs and Rs.20,000/- as compensation for mental agony suffered by him. The complaint has been contested by the respondents. They controverted the allegation of the complainant.

(2.) We have heard learned Counsel for the parties. The matter is covered by a decision of this Commission in Vikram Singh V/s. M/s. Sipani Automobiles Limitied (Case No. C-96/91) decided on 13th April, 1993. After taking into consideration all the facts and circumstances of the case, we are of the view that the complainant is entitled to the refund of the price of the vehicle, interest on the capital amount, insidental charges and damages on account of mental torture, as detailed in Annexure 'a' attached herewith. Repair charges claimed have been disallowed for want of proof of payment.

(3.) Consequently, we accept the complaint with costs and direct the manufacturer opposite party No.1. to refund the amount of Rs.1,60,563/- with interest 12% p. a. from the date of the complaint the date of the payment within a period of 3 months from the date of the order, failing which action shall be taken against them under Sec.27 of the Consumer Protection Act. The car shall be returned by the complainant to the manufacturer, after the payment of the decretal amount to him. Costs Rs.2,500/-Complaint accepted.