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K.RAMANNA, A.M.BENNUR, RAMA ANANTH
SHRUTI MOTORS – Appellant
Versus
SHIVASHANKARAPPA – Respondent


Advocates Appeared:
Mr. T. Seshagiri Rao and Mr. Sunil S. Rao, Advocates, for the Appellant; None, for the Respondent

ORDER

K. Ramanna, President - This is an appeal filed by the OP No. l /Authorized Maruthi Suzuki dealer challenging the correctness, legality and propriety of the order dated 24.1.2011 passed by the DF, Chitradurga in Complaint No. 98/2010 whereby the complaint filed by the complainant is allowed in part directing OPs 1 and 3 to deliver a new Maruthi Suzuki DZIRE VDI Car of the same model and to pay life tax insurance and registration charges to the complainant by retaining the complainant's car bearing KA-16 M -4569 which is with OP No. l or OPs 1 and 3 are jointly and severally liable to refund the sale price of the car Rs. 5,81,088 with 10% interest from 3.8.2009 till realization by deducting Rs. 40,000 paid by OP No. l through DD dated 13.12.2009 and Rs. 75,000 towards compensation for mental agony, travelling expenses and Rs. 4,000 towards litigation expenses to the complainant. Therefore, OP No. l has come up with this appeal.

2. The brief facts of the case are as follows:

Complainant had purchased Maruthi Suzuki Swift Dzire VDI Car from OP No. l for a sum of Rs. 5,81,088 by obtaining financial assistance from the Bank, Chitradurga. On 15.8.2009 the said car broke down and stopp

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