SANMATI MOTORS P LTD Vs. S CHANDRASEKHAR

JUDGEMENT

(1.) APPELLANT is a dealer of motor vehicles. It was arraigned as respondent No. 3 in the complaint filed by respondent No. 1 Shri S. Chandra Sekhar whereas its Director Shri R.K. Jain was arraigned as respondent No. 1 and its General Manager, Shri Ranganathan Aiyar, was arraigned as respondent No. 2.

(2.) ON account of unfair trade practice inasmuch as that an old used car of the model of 2002 was sold by it to respondent No. 1 by representing it as a new car of model of 2004, appellant has been directed to refund the cost of the car with interest @ 9% p.a. from the date of purchase and also pay Rs. 1,000 as cost of the complaint in case its Director R.K. Jain finds it difficult to replace the old car with a new car of 2004 model.

(3.) THERE cannot be any worse kind of unfair trade practice than this. The appellant had adopted unfair method rather deceptive practice for the purpose of selling of an old vehicle by representing it as a new vehicle and was, therefore, rightly directed to refund the amount received by it.