First Appeal No. 545 of 2012. Case: Tata Motors Ltd. Vs Johnson C.A.. Kerala State State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. 545 of 2012 |
| Counsel | For Appellant: V. Krishna Menon and S. Reghu Kumar, Advocates and For Respondents: R.S. Kalkura, Advocate |
| Judges | K. Chandradas Nadar, Presiding Member, A. Radha and Santhamma Thomas, Members |
| Issue | Consumer Protection Act, 1986 - Section 13(1) |
| Citation | III (2014) CPJ 270 |
| Judgement Date | Thursday July 31, 2014 |
| Court | Kerala State State Consumer Disputes Redressal Commission |
Order:
K. Chandradas Nadar, Presiding Member
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Appellants were the opposite parties in CC. No. 125/2011 in the CDRF, Alappuzha. The respondent/complainant purchased a Tata Indica DLS Motor Car from the second opposite party for a sum of Rs. 3,63,337 on 16.1.2011. It is alleged in the complaint that the said vehicle was registered as KL-32/C 1783 and the complainant plied the vehicle as taxi to earn his livelihood. The purchase of the vehicle was financed by M/s. Mahindra & Mahindra Finance Ltd. Replacement warranty up to 20,500 kms. or for 24 months whichever is earlier was given for the vehicle. The complainant used the vehicle strictly in accordance with the instructions given by the manufacturer and the dealer. The said vehicle was brought for first service on 9.2.2011 to the second opposite party, when the meter reading showed that the vehicle had run 1137 kms. only. But the second opposite party did not return the vehicle after service on the agreed date. When contacted the second opposite party informed the complainant that the vehicle was having some manufacturing defect with regard to the engine. The complainant demanded replacement of the vehicle as the vehicle was having critical engine trouble. The complainant sent notice through his Advocate to the opposite parties. But the opposite parties refused to replace the vehicle. Hence the complaint was filed. The first opposite party contended before the Consumer Forum that the complaint was not maintainable as the...
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