D.K.JAIN, M.SHREESHA
Love Kumar Sharma – Appellant
Versus
Cargo Motors (P) Ltd. – Respondent
D.K. Jain, President—On 24.03.2008, the Petitioner purchased a new ‘Palio Stile’ passenger car from Respondent No.1, an authorized dealer of Fiat India Automobiles Ltd., the manufacturer of the vehicle. He paid a sum of Rs.3,40,364/- towards the price of the car and an additional sum of Rs.4,200/- for the extended warranty by 18 months.
2. According to the Petitioner, within five days of the purchase, the coolant in the car started leaking. On 03.07.2008, when he was driving the vehicle from Chandigarh to Jallandhar, it started ‘mis-firing’ and then suddenly stopped. The vehicle was towed to a nearby Service Station but the defect could not be rectified. On 05.07.2008, the vehicle had to be towed to the workshop of Respondent No.1 at Jallandhar, when he was informed that there was defect in the fuel pump, which had to be replaced. The vehicle was left there and a job card was prepared on 08.07.2008. Since the Petitioner did not hear from the said Respondent about the status of the car, on 19.07.2008, he addressed a letter to Respondent No.1, inter-alia stating that :-
“ On 05.07.2008, the car was parked in your workshop for finding the fault. I was told that the water had (sic
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