ASHOK KESHARLAL SARAF Vs. TATA MOTORS LTD

JUDGEMENT

(1.) THE original complainant Mr. Ashok Saraf is no more alive. After demise of original complainant, the legal heirs of deceased are brought on record.

(2.) THE original O.P. No. 1 is a limited Company registered under Indian Companies Act, 1956 and carrying a business of manufacturing four wheeler cars, brakes, etc. O.P. No. 1 has appointed O.P. No. 2 as its agent, dealer and distributor. O.P. No. 1 has manufactured the car known as Tata Estate. O.P. No. 1 made publicity and advertisement on Tata Estate and represented public that Tata Estate is one of their best products. Believing the said representation and advertisement, original complainant purchased on hire purchase basis one Tata Estate Car from O.P. No. 2 on 25.8.1994 for Rs. 4,39,620.74ps. Original complainant had taken financial assistance from M/s. Sundaran Finance Ltd. to purchase four wheeler. O.P. No. 2 brought the said car from Daman and gave delivery of the car to the original complainant.

(3.) BECAUSE of inherent defects in the car, the original complainant was required to take the car to O.P. No. 2. In spite of frequent repairs, the car did not run smoothly. The engine of the car was useless and defective. The original complainant made serious grievance about the inherent defects in the car to the O.Ps. O.Ps. however did nothing. Complainant was not satisfied with the working condition of the vehicle. He, therefore, left the vehicle with O.P. No. 2 on 7.2.1995. The original complainant finally lodged his consumer complaint before the State Commission.