K.R.RAMASWAMY IYENGAR, R.G.DESAI
S. C. BEMBALGI – Appellant
Versus
SIPANI AUTOMOBILES LTD. – Respondent
Mr. Justice R.G. Desai, President— In pursuance of the advertisement given by the Respondent No. 1 in various papers to the effect that Mitsubishi Engine of Japan would be used in Montana Diesel Car, the complainant approached Respondent No. 2 who is the authorised dealer of Respondent No. 1 for purchasing the said car. The 2nd respondent assured the complainant that Mitsubishi engine would be used in Montana Diesel Car and he also gave him Annexure-A on 26-12- 1990. The complainant paid a sum of Rs. 1,15,024/- by way of Demand Draft towards the costs of the said car and took delivery of the car on 12-2-1991 from the respondents as per the Delivery Note, Annexure-B, apart from the advance of Rs. 10,000/- paid earlier. The car was later registered as KA-24 M6. From the date of taking delivery of the car, the car was not giving good service to the complainant. It was not repaired by the Second Respondent on 19.2.1991. Later, the complainant found that the engine used in the car was Jaya engine manufactured at Coimbatore instead of Mitsubishi engine of Japan make. Hence, he has filed this complaint for recovery of the cost price of the car and compensation of Rs. 10,000/- and cos
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