R RAJA RAO Vs. MYSORE AUTO AGENCIES

JUDGEMENT

(1.) IF the frustrated (consumer) purchaser of a vehicle is forced to hand over the vehicle to the dealer/manufacturer on the ground that it is required to be repaired every now and then within a few days of its purchase, can it be said that he shall be deprived of refund of the amount spent by him for the purchase the vehicle? Obvious answer is - the vehicle should be replaced or the amount should be refunded. Reason being, the defective vehicle would not give the satisfaction of a new vehicle.

(2.) FURTHER , that after purchase of the new car, if a person is required to visit garage for repair of the car regularly, it would be a frustrating and annoying experience. It is also rightly pointed out that various tempting advertisements are issued for marketing such cars and if the car is found to be defective requiring regular repairs, there would be total mental dissatisfaction of purchasing a new vehicle. Facts in short: Appellant is the Complainant before the State Commission. On 27.1.1993 he had purchased a Swaraj Mazda, a light commercial vehicle form the Opposite Party No.1, M/s. Mysore Auto Agencies and paid Rs.3,68,729/- towards its consideration. Warranty was for 12 months from the date of its purchase, i.e. 4.2.1993.

(3.) THEREAFTER , the Appellant visited the office of the Opposite Parties for a number of times. As the vehicle had serious manufacturing defects he had issued a notice to the Opposite Parties to return the cost of the vehicle along with a sum of Rs.1 lakh for loss and damages, or supply a new vehicle with the said amount of Rs.1 lakh. The Appellant further states that he had availed himself of loan facility from Corporation Bank of Mandya Brnach of Karnataka, for the purchase of the vehicle and he was liable to pay interest at the rate of 24.75% and the said bank was likely to initiate recovery proceedings. Hence the Appellant approached the State Commission by filing Complaint No. 233 of 1993.