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D.M.PATNAIK, PRAMODNATH DAS, ARATI MOHANTY
BIJOY KRUSHNA MOHANTY – Appellant
Versus
B. N. SAHA – Respondent


Counsels for the Parties :
For the Complainant :Mr. R.K. Patnaik, Advocate.
For the Opposite Party No. 1 :M/s. J.B. Pattnaik & Associates, Advocates.
For the Opposite Party Nos. 2 and 3 :M/s. P.K. Mohanty & Associates, Advocate.

ORDER

Mr. Justice D.M. Patnaik, President—This is an original case in which the complainant claims his Matiz “SG” car bearing Engine No. F8CW 769743 and Chassis No. 19MO4F-072816 and bearing Registration No. OR-025-8881 had inherently manufacturing defects.

Complainant’s case is, he purchased the car for a sum of Rs. 3,55,331/- from the O.P. No. 1 M/s. Swapna Motors (P) Ltd. Besides also he spent Rs. 10,724/- towards comprehensive insurance, in toto that comes to Rs. 3,91,175/-. Complainant availed the first free service on 29.12.2001 when the vehicle had run 681 kms. and second free service four months thereafter on 18.5.2002 when the vehicle had run only 1943 kms. On 28.5.2002 i.e. after the second free service the vehicle while was on the road at Bhubaneswar the Air conditioner of the car suddenly stopped working. The same was attended to by the dealer M/s. Swapna Motors (P) Ltd. at Bhubaneswar. After repair the complainant moved from Bhubaneswar to Barhampur during the same evening. But on the way near Khurda again the same problem occurred. The complainant informed the dealer on the help-line over telephone. Two mechanics were deputed by an Uno Car for carrying out necessary rep









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