ARUN KUMAR GOEL, NARINDER SINGH THAKUR, SAROJ SHARMA
Ashwani Kumar – Appellant
Versus
Manager Sikand and Company – Respondent
Arun Kumar Goel, President — Admitted facts of this case are that a Tata Sumo Vehicle was purchased by the appellant from respondent Nos. 1 & 2 and its manufacturer is respondent No.5. The warranty period of the vehicle purchased by the appellant was up to 18.7.2001. The appellant has placed on record amongst other documents, Annexure C1, Owner’s Manual and Service Book, of the vehicle in question. Record of repairs as contained in this service book shows that on 13.2.2001the vehicle was brought which contains particulars of the repairs carried out. Thereafter as per this service book, it was brought on 13.3.2002. Here submission of Mr. Chandel is that when the vehicle was left, its meter reading was 95058, whereas it has been tampered by respondent Nos. 1 and 2 to 95258. Whether kilometers were tampered or not, in our opinion, in the circumstances of this case, it has no relevance.
2. Reason being that so long as the vehicle was under warranty respondent Nos. 1 and 2 as sellers and respondent No. 5 as manufacturer, are bound by the terms of warranty. Whereas admittedly it was brought after 13.2.2001 to respondent No.1 on 13.3.2002.
3. Faced with this situation, learned
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