ORDER

1. Complainant seeks to recover from the O.P. a sum of Rs. 22,54,530 and compensation of Rs. 3.90 lacs.

2. The Complainant purchased two trucks from the O.P., the authorized dealer of Ashok Leyland Ltd., one with 10 tyres and the other with 12 tyres, for a sum of Rs. 26,96,507. The truck with 12 tyres was purchased for Rs. 15,97,238 and was registered under No. KA-22-B-990. This truck is the subject matter of the complaint. The trucks had a warranty given by Ashok Leyland Ltd., for a period of 18 months from the date of sale or 1,50,000 kms whichever was earlier.

3. The obligation under warranty was limited to either repairing or replacing free of charge such parts of the vehicle as are deemed to be defective in the opinion of Ashok Leyland and would not extend to consequential losses. The replaced part was to be property of Ashok Leyland (Clause 4). The warranty was to be null and void if the vehicle is repaired or disassembled, even partially, by persons not belonging to Ashok Leyland’s authorized workshop (clause 8).

4. The vehicle was taken to the opponent on or about 13.9.08 and certain halogen bulbs were changed under warranty. Free servicing was done by the O.P. on 18.10.0