MAHENDRAKAUR KHANUJA vs SIPANI AUTOMOBILES LTD.

THE facts and circumstances of this case are almost identical as decided by this Commission in original Case Nos. 10/92, 13/92, 87/94 decided on 17.3.1995, wherein the Commission has directed the opposite party No. 1 i.e. M/s. Sipani Automobiles Ltd. to pay the cost of the Montana car purchased by the complainant alongwith interest etc. etc.

THE complainant purchased this Montana car from opposite party No. 1 for Rs.1,25,024/-. THE engine number of this car was 90/H/000368 and chassis number 9006000408. THE car was delivered to the complainant by opposite party No. 2 on 4.9.1990 and his registration number was MP 2 C 0179. Within a few days only and within less than 2,000 kms. driving the car started giving one or the other trouble, and when after repairing for number of times, the car continued to give trouble, it was sent to the garage of opposite party No. 2 which could not be repaired so far and the car is lying in the garage of opposite party No. 1. The opposite party No. 1 denied the allegations, but, submitted no evidence to the effect that the allegations of defects of a permanent nature in the car were incorrect. As such as ordered earlier in similar cases, we allow the claim of Rs. 12,5,024/- being the price of the car paid by the complainant and hereby direct the opposite party No. 1 i.e. M/s. Sipani Automobiles to pay a sum of Rs. 1,25,024/- + interest at the rate of 18% p.a. from the date of delivery of the car till date of payment to the complainant within a month from today. The opposite party No. 1 shall also pay a sum of Rs. 25,000/- within a month from today as compensation for harassment and mental agony suffered by the complainant. The opposite party No. 1 shall also pay a sum of Rs. 2,500/- as expenses of this case within a month from today. Complaint allowed with costs.