LAWS(NCD)-1996-4-39

NATIONAL GARAGE LTD Vs. RAMESH HANSRAJ GANDHI

Decided On April 26, 1996
National Garage Ltd Appellant
V/S
Ramesh Hansraj Gandhi Respondents

JUDGEMENT

(1.) FIRST Appeal No. 552/93 by the National Garage Ltd. and First Appeal No. 613 /93 by Ramesh Hansraj Gandhi are directed against the order dated 11.8.93 passed by the Maharashtra State Com - mission at Bombay allowing the complaint and directing opposite party Nos. 1 & 2 jointly and severally to remove the defects mentioned in the report of the Surveyors submitted by M/s. Western India Automobiles Association Ltd., Bombay and to place the car in possession of the complainant in perfect good condition besides directing the second opposite party to pay to the complainant Rs. 50,000/ - towards the loss suffered by the complainant for the non -use of the vehicle. Both the parties were directed to pay costs of Rs. 2000/ -.

(2.) IT is unnecessary to note the facts in detail for we are inclined to remand the case to the State Commission for de novo trial of the complaint of Shri Ramesh Hansraj Gandhi. The complainant purchased Ambassador Nova Diesel Car on 29.8.91 from Hindustan Motors Ltd. at a cost of Rs. 2,35,000/ -. The complainant alleged that the said car had manufacturing defects and within nine months from the date of the delivery, the car had been kept in garage for replacement of defective parts and repair of mechanical complaints for a period of about three months. The complainant alleged that after check and repair the following defects were persisting :

(3.) WE , therefore, set aside the impugned order and remand the case to the State Commission with a direction to take the written version of the opposite parties on record and dispose of the complaint after affording an opportunity to the parties to substantiate their respective versions. We make no order as to costs. Ordered accordingly.