Mr. S.K.M. Lodha, President — The complainant has filed this complaint under Sec. 12 of the Consumer Protection Act, 1986 (No. 68 of 1986) (“the Act”) against the opposite-parties on February 21, 1989 before the State Commission.

2. It has been alleged that the complainant purchased a Mahendra Jeep Model CJ-500-D/91 W.B., two wheel drive Engine No. 44439, Chassis No. 44439 on 2.12.88 for Rs. 1,281,638.00 after making payment of price to opposite-party No. I. At that time it had run 1618 kms. The jeep has been mentioned as brand new jeep in the Bill. In para 2 of the complaint it is stated as under:—

“DIESEL AVERAGE KI MALUMAT KARNEY PUR DIESEL AVERAGE KAREEB 8 KM. PRATI LITRE DENE KI JEEP MEI SHIKAYAT MILI DHYAN SE DEKHNE PUR CHASSIS KE DAHINE PICHHLEY HINSSAY PUR ANV BAAYE PAYEDAN MEI BAND (TEDAPAN) DIKHAYE DIYA. JEEP KA ENGINE KAM BREAK PRASHION KARATA HUA MILA.”

A complaint of the aforesaid defects was made to opposite party No. 1 on 30.12.88. The complainant was asked to bring the Jeep on 2.1.89 as at that time, there was no mechanic available on 2.1.89 service was done and left paidan was repaired. Other defects remained as they were. As the defects continued, the complainan