A consumer is entitled to compensation for manufacturing and functional defects in a car.

Mr. Justice M.R. Agnihotri, President— M/s. Haryana Steel Fabricators and Engineers, Faridabad have invoked the original jurisdiction of this Commission by filing the present complaint against M/s. R.N.A. Agencies, Gurgaon and M / s. Hindustan Motors. According to the complainant, a Contessa Classic Car bearing Chassis No. 629135, Engine No. 027714, manufactured by M/s. Hindustan Motors Limited was purchased by the complainant from M/s. R.N.A. Agencies, Gurgaon on 6th September, 1994 for Rs. 3,36,483/-. The car was being used by Mr. Satya Pal, Managing Director of the complainant-Company, who is a known personality of District Faridabad and President of the Rotary Club having a high social status. Though the very 1st and 2nd service of the car were got done in September, 1994 itself, yet the car was not giving satisfactory mileage and according to the expert drivers engaged by the complainant, certain manufacturing defects were noticed in the car. The complainant sent the car to opposite parry No. 1 for the removal of the defects but no appreciable improvement could be seen in the car even after the same have been claimed to be repaired. The prominent defects in the car, as alleged by the complainant, were :

(i) Engine making noise.

(ii) Silencer leaking.

(iii) One cylinder of engine not working.

(iv) Consumption of fuel is on the higher side i.e. 7 to 8 Kms. per litre (without A.C.) as against 11 kms. represented in the Manual supplied, by the opposite party.

(v) Brake linings not satisfactory and changed.

(vi) Clutch peddle not properly working.

(vii) Wiring system of the car frequently cut, insulation of the wire being not of good material.

(viii) Gear of the car slips automatically during running.

(ix) Considerable vibration in the car etc.

In addition to the aforesaid manufacturing defects, functional defects were also noticed like locking system of the doors not working properly, glove compartments not adjusted properly and lid of the compartment automatically falls on the applying of the brakes, insulation not in all the 4 doors, when closed having wide gap making Air Conditioner work over load, door handles too sharp-even cutting hands and horn not blowing properly. It is further alleged by the complainant, that in December, 1995 when the Managing Director of the complainant-Sh. Satya Pal being President of the Haryana State Laghu Udyog Bharti invited Mr. M. Arunachalam, Minister of State for Industries for inaugurating All India Conference of the Laghu Udyog Bharti on 11th December, 1995 and Mr. Madan Lal Khurana, the then Chief Minister of Delhi was also present, the locking system of the door got stuck and till late in the evening the lock did not open despite the earnest efforts made by the mechanics. Aggrieved by the aforesaid deficiency in service, the complainant the claimed the following compensation :

(i) Cost of vehicle Rs. 3,36,483-00

(ii) Cost of repair done by the

complainant during the

period 1994 to 1996 Rs. 11,346-00

(iii) Damages for going through

the mental agony when door

could not be opened in the

presence of Union Minister Rs. 15,00,000-00

Rs. 18,47,829-00

2. In reply the opposite party has pleaded, that the car manufactured by them and sold to the complainant was quite in order and there was no manufacturing defect therein. On the other hand, it is suggested that the complainant must have failed to provide necessary care and service to the maintenance of the car. As a rejoinder to the reply, the complainant filed the replication in which it was alleged that Managing Director of the complainant concern - Mr. Satya Pal and a qualified Engineer and a well-known Technologist and was also elected President of Institute of Indian Foundry men. Bills of actual payment made by the complainant for effecting necessary repairs of the car amounting to Rs. 37,186-35 paise have also been produced