K.C.BAROLIA vs SIPANI AUTOMOBILES LTD.

THIS is a complaint by a consumer who had bought a Montana car manufactured by M/s. Sipani Automobiles Ltd. Opposite Party No. 1 through Opposite Party No. 2 Bombay Garage, Jabalpur. According to the complainant even before the purchase of the car he was apprehensive of its qualities because of market reports and has in his letter dated 28.3.9 land 3.4.91 invited attention of Opposite Party No. 1 to the adverse report of the vehicle and requested the Opposite Party No. 1 to supply good quality car to dispel the adverse propaganda received by the car.

ON 22.4.91 the complainant was given delivery of the car by Bombay Garage, Jabalpur Opposite Party No. 2. The car started giving trouble and had to be repaired frequently. The repairs were effected by Bombay Garage/Opposite Party No. 1. Ultimately, engine trouble also started in the car and utter exasperation when the car was not restored to proper condition, the complainant filed this complaining claiming costs of the car, Insurance charges, what has spent on repairs, interest on the Bank loan and by way of damages as also compensation for physical and mental torture. The total claim of Rs. 4,78,093.62 was lodged. The Opposite Parties were duly served. Vakalathnama of Sh. B.S. Banlhia, Shri N.A. Khan and Shri A.A. Khan has been filed for M/s. Sipani Automobiles Ltd./Opposite Party No. 1 along with a written statement. The Opposite Party No. 2 has sent a written reply through post attaching a certificate issued by M/s. Sipani Automobiles Ltd. Opposite Party No. 1 that Opposite Party No. 2 Bombay Garage, Jabalpur is nowhere responsible for the claim. None of the Opposite Parties however, appeared on 30th September, 1992, 7th November, 1992 and 28th November, 1992, the dates on which the case was taken up. In these circumstances, the complainant filed affidavit in support of the claim and closed his evidence. Arguments were heard and the case was closed for orders.

Section 18 of the Consumer Protection Act, 1986 provides that the procedure specified in Sections 12, 13, 14 under the rules made thereunder for the disposal of complaints by the District Forum shall, with such modifications as may be necessary, be applicable to the disposal of disputes by the State Commission. The procedure applicable to the case, therefore, would be the same as is provided in Section 13(2) of the Consumer Protection Act, 1986 which reads as under:- "13(2) The District Forum shall, if the complaint received by it under Section 12 relates to goods in respect of which the procedure specified in Sub-section (1) cannot be followed, or if the complaint relates to any services: - (a) refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum; (b) where the opposite party, on receipt of a copy of the complaint, referred to him under Clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Forum, the District Forum shall proceed to settle the consumer dispute:- (i) on the basis of evidence brought to its notice by the complainant and the Opposite Party, where the opposite party denies or disputes the allegations contained in the complaint, or (ii) on the basis of evidence brought to its notice by the complainant where the opposite party omits or fails to take any action to represent his case within the time given by the Forum."

We have thus to decide this case on the basis of evidence brought to our notice by the complainant as the Opposite Parties have failed to attend the case though written statement has been tiled by the Opposite Party No. 1.

THE complainant has supported his complaint by an affidavit. By the averments in the complaint and the affidavit in support of it, it is proved that the car supplied to the complainant is defective. Within a short span of time, it needed repairs and has started giving trouble. When a person buys a new car it is expected that it would run smoothly without giving any trouble atleast for a period of couple of years. A car which needs frequent and extensive repairs within the very first year and it purchase cannot be said so he a new and functional car. THE complainant has given in detail the defects of the car and they were even brought to the notice of the Opposite Parties in writing before filing the complaint. Despite giving assurances, the Opposite Parties were not able to satisfactorily repair car. We have therefore reached a conclusion that the car supplied to the complainant is beyond repairs and has to be replaced. THE complainant shall also be entitled to the amount he has spent on the car as also a reasonable amount for mental agony and torture. THE complainant shall be entitled to the price of the car, interest on Bank loan and other interest as also insurance charges, if the car is not replaced by the Opposite Party No. 1 within a reasonable time. We therefore allow this complaint and direct that within one month from the receipt of the car of this order by the Opposite Party No. 1, it shall replace the complainant''s car with a new car of the same model or if the same model is not in vogue than the current model which has replaced that model. A new car shall be delivered through Opposite Party No. 2 who will be delivering the car to the complainant against the delivery of the defective car. The Opposite Party No. 1 shall also pay a sum of Rs. 2.000/- towards the expenses of repairs of the car as the complainant has only put on record bills approxi mating to expenses of around Rs. 2,000/- only. The Opposite Party No. 1 shall also pay compensation for the harassment and mental torture caused to the complainant a sum of Rs. 5,000/-.

IN the event the car is not replaced within the stipulated period, the complainant shall be entitled to a sum of Rs. 1,31,131.62 towards the amount of price of the car alongwith interest at the rate of 18% per annum on the aforesaid sum from the date of the purchase of the car till the date of payment as also Rs. 2,673/- towards INsurance Charges. Costs of these proceedings shall also be paid by the Opposite Party No. 1 M/s. Sipani Automobiles Ltd. Cost quantified at Rs. 2.000/-. Complaint allowed.