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D.M.PATNAIK, PRAMODNATH DAS
SRIDHAR BARIK – Appellant
Versus
CHAIRMAN, TATA ENGINEERING AND LOCOMOTIVE COMPANY LTD. – Respondent


Counsels for the Parties :
For the Complainant :M/s. S. Das and Associates, Advocates.
For the Opposite Party Nos. 1 and 2 :M/s. D.P. Dhal and Associates, Advocates.
For the Opposite Party No. 3 :Miss S.L. Patanaik, Advocate.

ORDER

Mr. Justice D.M. Patnaik, President—This is an original case. Complainant purchased a Tata Model LPT B/42 Truck Chasis for Rs. 4,02,015/- from Telco on a loan from the Orissa State Financial Corporation which was advanced to him by the corporation as a gesture of goodwill to rehatilitate him after taking a voluntary retirement from service as a Driver from the O.S.F.C. His grievance is he took delivery of the chassis on 28.2.1994 and after body buiilding the same was on road on 4.5.1994. His grievance is an old chassis was delivered to him and secondly the six tyres were totally damaged because of the chassis being kept in the show-room from 7.3.1993 till 28.2.1994 with defaulted tyres and thus by September, 1994 the tyres had become unservicable. He also alleged battery and the two shock abserbers to be defective.

2. The Telco took the stand denying any liability for deficiency of service. They denied the fact of the truck being kept in the show-room with deflated tyres. So far as defect in the chassis is concerned, they admitted that the gear box cover was broken which they undertook to replace it and also subsequently the same was replaced. As regards the defect in the tyres












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