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2004 Supreme(SC) 101

S.N.VARIAVA, H.K.SEMA
Jose Philip Mampillil – Appellant
Versus
Premier Automobiles LTD. – Respondent


JUDGMENT

S.N. Variava, J.-This Appeal has been filed by a party in person, against the Order of the National Consumer Disputes Redressal Commission dated 7th December, 2000.

2. Briefly stated the facts are as follows:

The Appellant had placed an order for purchase of a Premier 1.38 Diesel Car manufactured by the 1st Respondent. The full price was paid by the Appellant. The 2nd Respondent was the Dealer of the 1st Respondent at Kottayam. When the Appellant went to take delivery of the car he found defects in the paint of the car. He therefore complained to 2nd Respondent. 2nd Respondent promised to rectify the defects and called him again after some days. The Appellant went after some days. He found that the defects had not been cured. Therefore, he was not willing to take delivery of the car. However, he was persuaded to take delivery of the car on the assurance that all defects would be cured. At this stage, it was also noticed that the piston rings of the engine were defective and that there was heavy leakage of oil. Thereafter the car was repeatedly sent to the dealer for repairs. Each time it was returned claiming that the defects had been cured. However, in fact the defects were















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