GOSWAMY Vs. S A SHARIFF REHAMAN

JUDGEMENT

(1.) In this complaint the complainant has sought refund of a sum of Rs.3,50,000/and a compensation of Rs.4,00,000/from the opposite parties for having sold him a 4th hand car by misrepresenting it to be a new car having run only 1,200 K. Ms.

(2.) The Complainant averred that Opposite Party No.1 is an automobile consultant and Opp. Party No.2 is a broker in motor vehicles. Opp. Party No.3 was the owner of Maruti 1000 GLX Car bearing Registration No. KA-05/m-246.

(3.) It is the case of the complainant that Opp. Party Nos.1 and 2 approached him in the evening of 11.3.1992 at his residence and offered to sell the said car to him. The complainant further averred that Opp. Party Nos.1 and 2 assured and convinced him that the car was a brand new one and so the price was settled at Rs.3,50,000/-. The Opp. Parties left the car with the complainant while the complainant issued a cheque for a sum of Rs.1,50,000/-. Opp. Party No.1 promised to change the Dunlop Radial Tyres to a brand new Ceat Radial tyres. The complainant was convinced that Opp. Party No.2 was a legal owner of the car.