1. This is a complaint filed under S.17 of the Consumer Protection Act, 1986 seeking direction to OPs to pay complainant a sum of Rs.37,62,717, i.e., Rs.25,40,962 towards cost of the car, Rs.3,91,755 to wards interest on loan, Rs.30,000 towards after ale service charges etc.

2. The brief facts of the case are that on 3.6.2015 complainant purchased the car, i.e., Skoda Octavia1.8 TSI Automatic Petrol Car from the OP No. 2 for the price of Rs.25,40,962 and the said car is bearing Registration No. KA - 04 MQ - 1084. It is the case of the complainant that almost from the day one, there was trouble in the car. The car had following defects:
1. 'Jerk' after being driving after gap of 3-4 hours
2. Sizzling sound on the front right of the car
3. Rattling sound on the front left side of the car
4. Creaking sound near the suspension when driven on a speed breaker
5. Noise in the AC
6. 3 mm tape to trap some sounds in the boot
7. Cabin noise
8. Abnormal roaring of the engine at the lowering speeds
9. Faulty cabin lights in the rear
10. Shuddering of the car
11. Sun visor giving away
12. Issues with the side view mirrors
13. Damaged under chassis cover
14. Dent on the rear end of the car

3. It is alleged that there was manufacturing defect in the car and the OPs have played unfair trade practice in selling a defective car to the complainant and there was deficiency in service on the part of the 2nd OP. Further it is contended that on account of the fact the car was defective, complainant could not use it regularly and he has to depend on the public transport like taxis for which he has spend lot of money. Further states that he has taken loan for purchase of the car and he has paid the interest unnecessarily. Thus, sought to allow the complaint.

4. After service of notice OP Nos. 1 and 3 appeared through their Counsel and filed common version. Notice on OP No. 2 served and called out absent. Placed ex parte.

5. OP Nos. 1 and 3 admitted that the complainant has purchased Skoda Octavia 1.8 TSI automatic petrol car registered as KA - 04 MQ - 1084 on 3.6.2015 and denied all other allegations of the complainant. Further OP Nos.1 and 3 contended that the authorized dealer informs that the car was brought to the workshop for running repairs, services and for fitting accessories only. The same can be resolved by service station by replacing batteries, by replacing LH running board, front AC vent and fender lining as per the requirements and as on 16.5.2018 the car has run about 35,770 kms. Hence, car would no have run for that many kilometers if it suffers from manufacturing defect as per the allegations complainant and prays to dismiss the complaint.

6. The complainant filed his affidavit evidence and got marked Ex. C1 to C11. On behalf of OP Nos. 1 &3, Area Manager of OP No. 3 filed affidavit evidence.

7. Now the points for consideration are:
(i) Whether the complainant has proved deficiency in service on the part of OPs?
(ii) Whether the complainant is entitled for the relief sought ?
(iii) What is the order?

8. The findings to the above points are:
(i) Negative
(ii) Negative
(iii) As per final order.

9. Heard from OP No. 1. The complainant has submitted written arguments in 2019 itself.

10. Perused the complaint of the complainant, objections of OP Nos. 1 and 3, evidence affidavit of both parties and documents produced by complainant. We noticed that it is not in dispute that the complainant has purchased Skoda Octavia 1.8 TSI automatic petrol car registered as KA - 04 MQ - 1084 on 3.6.2015 by availing finance. The allegation of the complainant is that from day one there was trouble / problem as under:
1. 'Jerk' after being driving after gap of 3-4 hours
2. Sizzling sound on the front right of the car
3. Rattling sound on the front left side of the car
4. Creaking sound near the suspension when driven on a speed breaker
5. Noise in the AC
6. 3 mm tape to trap some sounds in the boot
7. Cabin noise
8. Abnormal roaring of the engine at the lowering speeds
9. Faulty cabi