ASHISH MIDHA vs SIPANI AUTOMOBILES

BRIEFLY the facts of the case are that Sh. M.L. Sharma, respondent No. 2 purchased a Montana Car. The complainant purchased that car from Mr. Sharma on 9.7.90 for a sum of Rs. 1,00,000/-. The sale, it is alleged, was effected in favour of the complainant by Mr. Sharma during the warranty period. It is further alleged that Mr. Sharma had purchased the car for Rs. 98,000/- and availed of only one service during the warranty period.

IT is pleaded that the car suffered from a large number of defects regarding which complaints were made to respondent No. l but the same could not be rectified by them. Consequently, it has been prayed that the respondent be directed to refund the amount of Rs. 98,000/-, the price of the car and pay Rs. 10,000/- on account of taxes, insurance, etc. and Rs. 50,000/- as damages. The complaint has been contested by the respondent inter-alia on the ground, that the complainant has no right to institute the present complaint as he is not the original purchaser and that there were no defects in the car as alleged by him.

We have heard the complainant in person and the Counsel for the respondent. The complainant has brought to our notice the terms of warranty given at the time of sale by respondent No. l. It is stated therein that the warranty is not prejudiced by transfer of ownership of the vehicle during the warranty period. The matter maybe examined from another angle. Mr. Sharma was not an exception to whom warranty had been given. It was being given by the manufacturer to all the purchasers of the car. Thus the warranty was given with respect to fitness of the car during the period of warranty to the person, who owns the car. Thus it was also for the benefit of all the subsequent purchasers. Therefore, the complainant is entitled to the benefit of the warranty. Consequently, the plea of the respondent that the complainant is not entitled to the warranty given to the original purchaser is rejected.

FOR the reasons recorded in Sapna Ghai v. Sipani Automobiles Ltd. (C-556/92) decided on 20.1.94, we grant to the complainant the following reliefs :- Refund of price -Rs. 98,000.00 Pain for mental suffering -Rs. 10,000.00 The complainant has filed the complaint after about three years and therefore, we are not inclined to give him other amounts claimed by him. For the aforesaid reasons we accept the complaint with costs and direct respondent No. l to pay Rs. 1,13,000.00 to the complainant within three months. If they fail to do so they shall pay interest @ 15% p.a. from the date of filing the complaint till the date of payment and that action shall be taken against them u/Sec. 27 of the Consumer Protection Act. Costs Rs. 2,000/-. The car be returned after the payment has been made to the complainant. Complaint allowed with costs.