Mrs. Rajyalakshmi Rao, Member—The present appeal is filed by M/s. Ashok Leyland against the order 16.11.2001 passed by the State Commission, Orissa Cuttack in Original Complaint No. 45 of 1996, allowing the complaint for deficiency in service.

2. Brief facts of the case are:

The appellant-Ashok Leyland is the manufacturer and Shri Prabhulal Maru is the respondent No. 1 who purchased Ashok Leyland chassis with engine for a bus being Model “Comet Minor” ALPSV 3/15 WB 142" fitted with HINO 4D engine, 5 speed synchromesh Gear Box, tool kit, without front end structure for Rs. 3,55,478.35 (inclusive of Orissa Sales Tax @ 4%) from respondent No. 2 JL Automotives, Banarpal, District Angul who is the authorized dealer of the appellant. Respondent No. 3 is Cuttack Central Cooperative Bank Ltd., Cuttack who has issued the demand draft in favour of the appellant. Both respondent Nos. 2 and 3 are proforma respondents.

3. The main grievance as alleged by the respondent No. 1 Shri Prabhulal Maru is that respondent No. 2 had wrongly delivered a vehicle passenger chassis and engine wheel base having 126" instead of 142" and also without supplying proper documents such as operators hand book and