SURENDRA KUMAR JAIN Vs. R C BHARGAVA

JUDGEMENT

(1.) Sri Surendra Kumar Jain is complainant in this case who has filed a complaint in respect of a Maruti 800 Standard Car bearing chassis No. 305332 which was purchased by his wife Smt. Sarlesh Kumari Jain, a handicapped person, on 22.6.1988 and was registered with Regional Transport Officer as Vehicle No. UNO-8282. The first opposite party is Maruti Udyog Ltd. through its Chairman and Managing Director, Sri R.C. Bhargava and the second and third opposite parties are Messrs Pearey Lal & Sons (E.P.) Ltd., through its Managing Director and the Sales Manager.

(2.) The case of the complainant is that his wife Smt. Sarlesh Kumari, who was an handicapped person having suffered paralytic attack on the right side of her body and could move only with the assistance of an attendant booked a Maruti 800 Car on 4.10.1980 at the Maruti Branch Office of the Maruti Udyog with opposite party No. 3 and deposited the entire amount demanded from her (Rs. 84,294.98 paise) on 30.5.1988. He was assured delivery of the car within a few days but the car was actually delivered on 22.6.1988 by the third opposite party who had assured that the car was technically sound and conformed to international standards of M/s. Suzuki Motor Co. Ltd., Japan at the time of delivery.

(3.) The complainant says that delivery of the car was taken believing that it was in perfect condition but soon after taking delivery it came to notice that the car had irreparable manufacturing defects which were within the knowledge of the opposite parties. The car was given subject to warranty that any defects, in material and workmanship found within a period of 12 months from the date of delivery shall be repaired and defective parts shall be replaced free of cost to the owner. The car also had a sticker of final check and O.K. dated 6.6.1988 of M/s. Maruti Udyog Ltd., Gurgaon.