C. N. Anantharam – Appellant
Versus
Fiat India Ltd. – Respondent
JUDGMENT
Altamas Kabir, J. —
1. On 31st October, 2002, the Petitioner herein purchased a Fiat Siena Weekender diesel vehicle from M/s Sundaram Automobiles, Bangalore, the common Respondent in all these three Special Leave Petitions and agent of M/s Fiat India Ltd., the manufacturer of the said vehicle. The Petitioner paid a sum of Rs.7,69,187/- towards the Ex-showroom price of the vehicle, together with a sum of Rs.56,537/- towards lifetime road tax and Rs.28,964/- as insurance. The vehicle was duly registered in the name of the Petitioner on 25th November, 2002, when the vehicle was delivered.
2. According to the Petitioner, immediately after registration of the vehicle, it was taken out for a drive when certain defects, particularly in the engine, began to manifest themselves. The same day, the Petitioner left the vehicle with the dealer for removing the defects. On the very same day, the Respondent No.2, M/s Sundaram Automobiles, wrote back to the Petitioner stating that the vehicle was in good condition and the noise was on account of the operational characteristics of the engine. Thereafter, on several occasions, the Petitioner left the vehicle with the agent and various part
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