w w w . L a w y e r S e r v i c e s . i n



George Alexander Muthoot, Managing Director, Muthoot Finance Ltd., Muthoot Chambers, Ernakulam v/s M/s Marikar Engineers Pvt. Ltd., Ernakulam & Another


Company & Directors' Information:- L & T FINANCE LIMITED [Amalgamated] CIN = U65990MH1994PLC083147

Company & Directors' Information:- S P FINANCE PRIVATE LIMITED [Active] CIN = U65990MH1979PTC021790

Company & Directors' Information:- MUTHOOT FINANCE LIMITED [Active] CIN = L65910KL1997PLC011300

Company & Directors' Information:- ENGINEERS INDIA LIMITED [Active] CIN = L74899DL1965GOI004352

Company & Directors' Information:- V L S FINANCE LIMITED [Active] CIN = L65910DL1986PLC023129

Company & Directors' Information:- L R N FINANCE LIMITED [Active] CIN = U65921TN1992PLC089288

Company & Directors' Information:- S M FINANCE LTD [Active] CIN = L65999TG1984PLC004526

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = L65999WB1993PLC058107

Company & Directors' Information:- B R D FINANCE LIMITED [Active] CIN = U65910KL1995PLC009430

Company & Directors' Information:- T C I FINANCE LIMITED [Active] CIN = U65920MH1973PLC017042

Company & Directors' Information:- A. V. B. FINANCE PRIVATE LIMITED. [Active] CIN = U65993DL1992PTC049818

Company & Directors' Information:- S M L FINANCE LIMITED [Active] CIN = U65910KL1996PLC010648

Company & Directors' Information:- S B FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008268

Company & Directors' Information:- INDIA FINANCE LTD. [Active] CIN = L65110WB1984PLC050214

Company & Directors' Information:- B S B K ENGINEERS PRIVATE LIMITED [Amalgamated] CIN = U74210DL1985PTC021596

Company & Directors' Information:- J J FINANCE CORPORATION LTD [Active] CIN = L65921WB1982PLC035092

Company & Directors' Information:- G V S FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008269

Company & Directors' Information:- G T P FINANCE LIMITED [Active] CIN = U65921TZ1991PLC003149

Company & Directors' Information:- MARIKAR ENGINEERS PRIVATE LIMITED [Active] CIN = U29299KL1945PTC000718

Company & Directors' Information:- S R K FINANCE PRIVATE LIMITED [Active] CIN = U65910UP1994PTC016038

Company & Directors' Information:- M M ENGINEERS PRIVATE LIMITED [Active] CIN = U02919TZ1987PTC001936

Company & Directors' Information:- R N FINANCE LIMITED [Active] CIN = U74899DL1988PLC034289

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = U65999WB1993PLC058107

Company & Directors' Information:- D K D ENGINEERS PRIVATE LIMITED [Active] CIN = U18101TZ1993PTC004673

Company & Directors' Information:- C K G FINANCE PRIVATE LIMITED [Active] CIN = U65910KL1996PTC010147

Company & Directors' Information:- L N FINANCE LTD [Active] CIN = U65923WB1991PLC052876

Company & Directors' Information:- R K FINANCE LTD [Active] CIN = L65921WB1983PLC035896

Company & Directors' Information:- V P C L FINANCE LIMITED [Active] CIN = U65920TG1996PLC023172

Company & Directors' Information:- N L ENGINEERS PRIVATE LIMITED [Active] CIN = U27109PB1997PTC020362

Company & Directors' Information:- J S M FINANCE PVT LTD [Active] CIN = U74140MP1995PTC009542

Company & Directors' Information:- I & D FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1991PTC021369

Company & Directors' Information:- S AND T ENGINEERS PRIVATE LIMITED [Active] CIN = U51103TZ2009PTC015456

Company & Directors' Information:- V A ENGINEERS PRIVATE LIMITED [Amalgamated] CIN = U29299MH1997PTC215888

Company & Directors' Information:- L N FINANCE PVT LTD [Active] CIN = U65929AS1992PTC003766

Company & Directors' Information:- N B A FINANCE LIMITED [Strike Off] CIN = U74899DL1993PLC052393

Company & Directors' Information:- I & B ENGINEERS PRIVATE LIMITED [Active] CIN = U45309WB2008PTC124644

Company & Directors' Information:- T P D FINANCE LIMITED [Strike Off] CIN = U67120RJ1994PLC008051

Company & Directors' Information:- AT AND T ENGINEERS PRIVATE LIMITED [Active] CIN = U45203DL2012PTC239940

Company & Directors' Information:- R G L FINANCE COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015809

Company & Directors' Information:- N K R ENGINEERS PRIVATE LIMITED [Active] CIN = U29293GJ2004PTC045176

Company & Directors' Information:- C C ENGINEERS PVT LTD [Active] CIN = U30009PN1991PTC063868

Company & Directors' Information:- M AND T ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036107

Company & Directors' Information:- S K B FINANCE LIMITED [Amalgamated] CIN = U65999WB1996PLC082317

Company & Directors' Information:- J G ENGINEERS PVT LTD [Active] CIN = U45402WB1970PTC027713

Company & Directors' Information:- J V FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC067873

Company & Directors' Information:- L C J FINANCE PVT. LTD. [Active] CIN = U65921WB1995PTC068809

Company & Directors' Information:- P E ENGINEERS PVT LTD [Active] CIN = U74210TG1981PTC003247

Company & Directors' Information:- M S ENGINEERS INDIA PRIVATE LIMITED [Strike Off] CIN = U45200MH2006PTC159314

Company & Directors' Information:- C K ENGINEERS INDIA PRIVATE LIMITED [Active] CIN = U74200CH1997PTC020744

Company & Directors' Information:- H L T FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921DL1996PTC078128

Company & Directors' Information:- U N F ENGINEERS INDIA PRIVATE LIMITED [Active] CIN = U31102AS2003PTC007198

Company & Directors' Information:- A V ENGINEERS PRIVATE LIMITED [Active] CIN = U29306CH2002PTC024874

Company & Directors' Information:- J AND K ENGINEERS PVT LTD [Converted to LLP and Dissolved] CIN = U29259GJ1982PTC005625

Company & Directors' Information:- R N C P FINANCE LTD. [Dissolved] CIN = U67120WB1995PLC072339

Company & Directors' Information:- T T FINANCE LIMITED [Amalgamated] CIN = U67120DL1986PLC023168

Company & Directors' Information:- T & I ENGINEERS PRIVATE LIMITED [Active] CIN = U29252AS2000PTC006243

Company & Directors' Information:- M M V R FINANCE LIMITED [Active] CIN = U65921TZ1997PLC007705

Company & Directors' Information:- H B ENGINEERS PRIVATE LIMITED [Active] CIN = U65910GJ1995PTC027208

Company & Directors' Information:- D B FINANCE PRIVATE LIMITED [Active] CIN = U65191TN1989PTC016705

Company & Directors' Information:- C H P FINANCE PVT LTD [Active] CIN = U65921PB1992PTC012788

Company & Directors' Information:- B. K. ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U28112MH2011PTC214002

Company & Directors' Information:- S L B P FINANCE PRIVATE LIMITED [Active] CIN = U74899DL1990PTC041694

Company & Directors' Information:- R S FINANCE PVT LTD [Active] CIN = U65191WB1988PTC044144

Company & Directors' Information:- I C FINANCE PRIVATE LIMITED [Active] CIN = U65921UP1989PTC011236

Company & Directors' Information:- K C K ENGINEERS INDIA PRIVATE LIMITED [Strike Off] CIN = U29299DL1993PTC056432

Company & Directors' Information:- V K FINANCE PVT LTD [Strike Off] CIN = U67120WB1991PTC052140

Company & Directors' Information:- C AND N FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921DL1998PTC094290

Company & Directors' Information:- C D R FINANCE LIMITED [Strike Off] CIN = U65910TG1995PLC022237

Company & Directors' Information:- I I S C ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U45201TN1986PTC013124

Company & Directors' Information:- J R FINANCE LIMITED [Active] CIN = U65921PB1996PLC017699

Company & Directors' Information:- I C S FINANCE LIMITED [Strike Off] CIN = U65921TZ1987PLC001991

Company & Directors' Information:- J. S. W. ENGINEERS PRIVATE LIMITED [Active] CIN = U29120MH2010PTC288640

Company & Directors' Information:- K A ENGINEERS PRIVATE LIMITED [Active] CIN = U74999DL2003PTC119859

Company & Directors' Information:- K L R ENGINEERS PRIVATE LIMITED [Active] CIN = U74210TG1996PTC024040

Company & Directors' Information:- J B C ENGINEERS PRIVATE LIMITED. [Active] CIN = U31300DL2004PTC125469

Company & Directors' Information:- D D S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910DL1996PTC076165

Company & Directors' Information:- K V L FINANCE LIMITED [Strike Off] CIN = U65191TN1989PLC016715

Company & Directors' Information:- D A S FINANCE PVT LIMITED [Strike Off] CIN = U65921PB1993PTC012888

Company & Directors' Information:- T R ENGINEERS PRIVATE LIMITED [Active] CIN = U29111DL2004PTC126852

Company & Directors' Information:- U B FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC051300

Company & Directors' Information:- V L G FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910AP1997PTC027952

Company & Directors' Information:- D C ENGINEERS PRIVATE LIMITED [Active] CIN = U74210MH1999PTC118382

Company & Directors' Information:- E M S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921TZ1986PTC001789

Company & Directors' Information:- T D M FINANCE COMPANY PRIVATE LIMITED [Active] CIN = U65923KL1997PTC011601

Company & Directors' Information:- S. F. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018702

Company & Directors' Information:- D S L FINANCE PRIVATE LIMITED [Active] CIN = U65921TG1996PTC023898

Company & Directors' Information:- E C ENGINEERS PVT LTD [Active] CIN = U28920MH1981PTC024675

Company & Directors' Information:- B J & P ENGINEERS PRIVATE LIMITED [Active] CIN = U28910TN2008PTC067728

Company & Directors' Information:- R D P FINANCE PRIVATE LIMITED [Active] CIN = U65929DL1997PTC089092

Company & Directors' Information:- S R K C FINANCE LIMITED [Amalgamated] CIN = U65999TZ1989PLC002445

Company & Directors' Information:- K B ENGINEERS PVT LTD [Strike Off] CIN = U27202WB1987PTC041979

Company & Directors' Information:- N B S ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U74999DL1998PTC096033

Company & Directors' Information:- R K N FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC038377

Company & Directors' Information:- H A FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027064

Company & Directors' Information:- V V A FINANCE LTD [Active] CIN = U65993WB1984PLC037171

Company & Directors' Information:- Y B FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921CH1996PTC017745

Company & Directors' Information:- N. C. R. ENGINEERS PRIVATE LIMITED [Active] CIN = U45400UP2008PTC034625

Company & Directors' Information:- V K G ENGINEERS PVT LTD [Strike Off] CIN = U45202PB2006PTC030194

Company & Directors' Information:- D G L FINANCE LTD [Strike Off] CIN = U67120TG1993PLC015604

Company & Directors' Information:- J C ENGINEERS PRIVATE LIMITED [Active] CIN = U29248HR1988PTC030208

Company & Directors' Information:- K C ENGINEERS LIMITED [Active] CIN = U74999HR2005PLC035602

Company & Directors' Information:- K C ENGINEERS PRIVATE LIMITED [Active] CIN = U74999HR2005PTC035602

Company & Directors' Information:- H H ENGINEERS PRIVATE LIMITED [Active] CIN = U27109PB1996PTC018479

Company & Directors' Information:- C & L ENGINEERS (INDIA) PVT. LTD. [Strike Off] CIN = U29190DL1998PTC096952

Company & Directors' Information:- G AND M ENGINEERS PVT. LTD. [Strike Off] CIN = U74210MH1986PTC041517

Company & Directors' Information:- M S R FINANCE PVT LTD [Strike Off] CIN = U65191TN1989PTC016789

Company & Directors' Information:- H V ENGINEERS PVT LTD [Active] CIN = U45202PB1978PTC003839

Company & Directors' Information:- M K C ENGINEERS PVT LTD [Active] CIN = U30009WB1988PTC045711

Company & Directors' Information:- S S P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1987PTC014526

Company & Directors' Information:- I T ENGINEERS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC136156

Company & Directors' Information:- E B P ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U52392DL2003PTC118311

Company & Directors' Information:- L S ENGINEERS PRIVATE LIMITED [Active] CIN = U29120MH2000PTC129659

Company & Directors' Information:- H V ENGINEERS P LTD. [Active] CIN = U27106WB1990PTC050281

Company & Directors' Information:- S M R ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29199TZ2000PTC009464

Company & Directors' Information:- V V S ENGINEERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U27310AP1985PTC005668

Company & Directors' Information:- C R N FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC062802

Company & Directors' Information:- A C F ENGINEERS PRIVATE LIMITED [Active] CIN = U15209MH1988PTC049094

Company & Directors' Information:- V B ENGINEERS PRIVATE LIMITED [Active] CIN = U25209MH2009PTC191163

Company & Directors' Information:- I FINANCE COMPANY LIMITED [Active] CIN = U67110DL2011PLC212268

Company & Directors' Information:- D V ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC061013

Company & Directors' Information:- F L B ENGINEERS PRIVATE LIMITED [Active] CIN = U28932MH1985PTC035994

Company & Directors' Information:- S B R ENGINEER'S PRIVATE LIMITED [Strike Off] CIN = U45202WB2000PTC092506

Company & Directors' Information:- J. S. W. ENGINEERS PRIVATE LIMITED [Active] CIN = U29120PN2010PTC136515

Company & Directors' Information:- R K R ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U45206TN2013PTC092795

Company & Directors' Information:- H AND Z FINANCE PRIVATE LIMITED [Active] CIN = U67190MH1995PTC093153

Company & Directors' Information:- Y AND K FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC019837

Company & Directors' Information:- P J B ENGINEERS PRIVATE LIMITED [Active] CIN = U74210KA1999PTC024856

Company & Directors' Information:- S L P FINANCE PRIVATE LTD. [Strike Off] CIN = U65923DL1985PTC021970

Company & Directors' Information:- V M FINANCE LIMITED [Strike Off] CIN = U65910PB1996PLC018339

Company & Directors' Information:- D S K FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010317

Company & Directors' Information:- H M S ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29219CH1991PTC011585

Company & Directors' Information:- G B V FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65110UP1988PTC010219

Company & Directors' Information:- B H FINANCE PRIVATE LIMITED [Strike Off] CIN = U65922KA1995PTC018390

Company & Directors' Information:- M .R .S . FINANCE LIMITED [Strike Off] CIN = U65929DL1995PLC067184

Company & Directors' Information:- H D FINANCE LTD [Strike Off] CIN = U67120DL1986PLC023675

Company & Directors' Information:- J L ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U28920MH2000PTC124206

Company & Directors' Information:- P R K FINANCE P LTD [Strike Off] CIN = U65191TN1995PTC033478

Company & Directors' Information:- ENGINEERS FINANCE LIMITED [Strike Off] CIN = U67120UP1995PLC018723

Company & Directors' Information:- P M C ENGINEERS PVT LTD [Strike Off] CIN = U74210KL1981PTC003354

Company & Directors' Information:- J J V ENGINEERS PRIVATE LIMITED [Active] CIN = U74200HR2013PTC048964

Company & Directors' Information:- P T R ENGINEERS PRIVATE LIMITED [Under Liquidation] CIN = U31901TN1979PTC007806

Company & Directors' Information:- S L V ENGINEERS PRIVATE LIMITED [Active] CIN = U72501TZ2000PTC009366

Company & Directors' Information:- C. B. S. ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74120UP2011PTC045651

Company & Directors' Information:- M R K ENGINEERS PRIVATE LIMITED [Active] CIN = U21014KA1995PTC018466

Company & Directors' Information:- MARIKAR AND CO LTD [Active] CIN = U74999KL1925PLC000661

Company & Directors' Information:- T AND C FINANCE LIMITED [Strike Off] CIN = U67120RJ1996PLC012576

Company & Directors' Information:- H R M ENGINEERS PRIVATE LIMITED [Active] CIN = U45200MH1998PTC117606

Company & Directors' Information:- P C ENGINEERS PRIVATE LIMITED [Active] CIN = U34300CH1985PTC006093

Company & Directors' Information:- R H ENGINEERS PVT LTD [Active] CIN = U74200CH1984PTC005944

Company & Directors' Information:- W S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65192UP1996PTC020243

Company & Directors' Information:- G-4 ENGINEERS PRIVATE LIMITED [Active] CIN = U32204MH2008PTC177646

Company & Directors' Information:- G S ENGINEERS PVT LTD [Active] CIN = U74210PB1994PTC014225

Company & Directors' Information:- H I ENGINEERS PVT LTD [Active] CIN = U74210WB1984PTC037097

Company & Directors' Information:- S A C FINANCE COMPANY PVT LTD [Active] CIN = U65999WB1985PTC039002

Company & Directors' Information:- S A ENGINEERS LTD [Strike Off] CIN = U28932WB1977PLC031202

Company & Directors' Information:- ENGINEERS LTD [Strike Off] CIN = U29100WB1933PLC007579

Company & Directors' Information:- G B ENGINEERS PVT LTD [Strike Off] CIN = U74210WB1982PTC034958

Company & Directors' Information:- R. J. ENGINEERS PRIVATE LIMITED [Active] CIN = U29199TZ1990PTC002690

Company & Directors' Information:- A V GEORGE AND CO PRIVATE LTD [Active] CIN = U51109KL1937PTC000027

Company & Directors' Information:- AMP ENGINEERS PVT LTD [Strike Off] CIN = U21011UP1988PTC010091

Company & Directors' Information:- A R ENGINEERS PVT LTD [Strike Off] CIN = U45203OR1993PTC003413

Company & Directors' Information:- M. Y. ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U28920MH1999PTC119174

Company & Directors' Information:- P & A ENGINEERS PRIVATE LIMITED [Active] CIN = U70101OR2011PTC014428

Company & Directors' Information:- M AND D (ENGINEERS) PRIVATE LIMITED [Active] CIN = U28932MH1975PTC018333

Company & Directors' Information:- Q M ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U31100MH2006PTC159261

Company & Directors' Information:- A G ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL1986PTC024138

Company & Directors' Information:- Y A ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL2001PTC110304

Company & Directors' Information:- R. F. ENGINEERS PRIVATE LIMITED [Active] CIN = U32100DL2010PTC199732

Company & Directors' Information:- C C FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC037805

Company & Directors' Information:- S R B FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010045

Company & Directors' Information:- P V FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027270

Company & Directors' Information:- R V S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65990KA1995PTC018436

Company & Directors' Information:- A TO Z ENGINEERS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U29299DL1988PTC030239

Company & Directors' Information:- K J S ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74210DL1998PTC093851

Company & Directors' Information:- A P ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29269UP1991PTC013866

Company & Directors' Information:- P AND B FINANCE PVT LTD [Strike Off] CIN = U99999MH1986PTC038841

Company & Directors' Information:- B B P FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018183

Company & Directors' Information:- S S ENGINEERS PVT LTD [Strike Off] CIN = U28931TN1987PTC015093

Company & Directors' Information:- A S ENGINEERS PVT LTD [Strike Off] CIN = U74999TG1988PTC008455

Company & Directors' Information:- N R S ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29269UP1992PTC014881

Company & Directors' Information:- A E FINANCE PRIVATE LIMITED [Active] CIN = U65999TZ1990PTC002905

Company & Directors' Information:- S R V ENGINEERS PVT LTD [Strike Off] CIN = U24231UP1988PTC009258

Company & Directors' Information:- A. B. T. ENGINEERS PVT. LTD. [Strike Off] CIN = U28111OR1993PTC003388

Company & Directors' Information:- L R FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65910UP1988PTC009758

Company & Directors' Information:- S B M FINANCE LIMITED [Strike Off] CIN = U65921PB1994PLC014374

Company & Directors' Information:- T A S FINANCE PVT LTD [Strike Off] CIN = U65191TN1990PTC018654

Company & Directors' Information:- A B K ENGINEERS PRIVATE LIMITED [Active] CIN = U29253DL2008PTC178060

Company & Directors' Information:- H J ENGINEERS PRIVATE LTD [Active] CIN = U74899DL1987PTC027668

Company & Directors' Information:- A R ENGINEERS PVT LTD [Not available for efiling] CIN = U71220UP1978PTC004701

Company & Directors' Information:- K K ENGINEERS INDIA PRIVATE LIMITED [Active] CIN = U74200CH1984PTC005826

Company & Directors' Information:- D AND O FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC054788

Company & Directors' Information:- D H ENGINEERS PVT LTD [Strike Off] CIN = U51109WB1963PTC025758

Company & Directors' Information:- H R P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921PB1995PTC015715

Company & Directors' Information:- G F M ENGINEERS PVT LTD [Strike Off] CIN = U45202WB1969PTC027476

Company & Directors' Information:- P T R FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1989PTC016795

Company & Directors' Information:- B & S FINANCE PVT LTD [Strike Off] CIN = U65191TN1988PTC015491

Company & Directors' Information:- R B ENGINEERS PRIVATE LIMITED [Active] CIN = U24230MH2003PTC141901

Company & Directors' Information:- H S B FINANCE PVT LTD [Strike Off] CIN = U67120RJ1996PTC012119

Company & Directors' Information:- F S ENGINEERS PRIVATE LIMITED [Active] CIN = U74210TN1973PTC006482

Company & Directors' Information:- U. K. ENGINEERS PRIVATE LIMITED [Active] CIN = U31900PN2008PTC132332

Company & Directors' Information:- J B ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74900MH2012PTC226187

Company & Directors' Information:- S & E ENGINEERS PRIVATE LIMITED [Active] CIN = U74999PN2010PTC135666

Company & Directors' Information:- D B S ENGINEERS PRIVATE LIMITED [Active] CIN = U74210UP2010PTC084195

Company & Directors' Information:- G K V ENGINEERS PRIVATE LIMITED [Active] CIN = U74999TN2010PTC077912

Company & Directors' Information:- G H ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U28939DL2004PTC130703

Company & Directors' Information:- N R ENGINEERS PRIVATE LIMITED [Active] CIN = U29292DL2011PTC221986

Company & Directors' Information:- B N R ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL1973PTC006709

Company & Directors' Information:- K M ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC272465

Company & Directors' Information:- A V GEORGE AND CO INDIA PVT LTD [Active] CIN = U74999KL1946PTC001390

Company & Directors' Information:- M. J. S. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1971PTC003049

Company & Directors' Information:- N K ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U65921UP1954PTC002533

Company & Directors' Information:- H. R. ENGINEERS PVT LTD [Strike Off] CIN = U74999PB1973PTC003316

Company & Directors' Information:- ENGINEERS CORPORATION PVT LTD [Strike Off] CIN = U74300WB1946PTC022035

Company & Directors' Information:- A R FINANCE PVT LTD [Strike Off] CIN = U65921PB1989PTC009778

Company & Directors' Information:- I S C ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74140DL1983PTC017046

Company & Directors' Information:- K G FINANCE LIMITED [Strike Off] CIN = U65910TZ1982PLC001219

Company & Directors' Information:- S AND Z FINANCE PRIVATE LIMITED [Strike Off] CIN = U65923PN1997PTC106520

Company & Directors' Information:- G P B ENGINEERS PVT LTD [Strike Off] CIN = U29212RJ1990PTC005595

Company & Directors' Information:- H S N FINANCE PVT LTD [Strike Off] CIN = U67120PB1993PTC013900

Company & Directors' Information:- G N FINANCE PVT LTD [Strike Off] CIN = U65990MH1981PTC024294

Company & Directors' Information:- THE ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U99999KA1948PTC000551

Company & Directors' Information:- C S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910GJ1987PTC009799

Company & Directors' Information:- M. AND S. (ENGINEERS) LIMITED [Dissolved] CIN = U99999MH1952PLC008956

    C.C. No. 23 of 2010

    Decided On, 06 August 2020

    At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram

    By, THE HONOURABLE MR. JUSTICE K. SURENDRA MOHAN
    By, PRESIDENT & THE HONOURABLE MR. R. RANJIT
    By, MEMBER

    For the Complainant: Sinu G. Nath, Advocate. For the Opposite Parties: G.S. Kalkura, Advocate.



Judgment Text

R. Ranjit, MemberThis complaint is filed by the Managing Director of Muthoot Finance Ltd., alleging manufacturing defect of his Skoda Superb car bearing Reg. No. KL-07 BE 9180 against the dealer of the car and its manufacturer who are arrayed as opposite parties 1 & 2 respectively in the complaint.2. The case of the complainant as detailed in the complaint, in brief, is that complainant had approached the 1st opposite party service centre, several times, soon after the completion of first year of purchase of his car, for breakdown of air conditioning system and other complaints. The 1st opposite party neither diagnosed or detected the defect in the air conditioning system nor rectified it, despite repeated services. Repeated services were made at the service centre, including the repair of air conditioning system on 12.01.2009, 15.06.2009, 16.07.2009, 13.08.2009 and 15.10.2009. Only on 15.10.2009 the 1st opposite party could diagnose the reason for breakdown in the air conditioning system. It came to the notice of the complainant that all other repairs with the air conditioning system done before 15.10.2019 were not even recorded in the repair order or in the vehicle history on the file of the opposite party. The aforementioned repairs done in the air conditioning system on 15.10.2009 was delayed and delivery of the vehicle was made only after an inordinate delay of 39 days. The 1st opposite party replaced some spare parts of the A/C unit and rectified it and assured that the A/C unit was free from defects. They charged an amount of Rs. 37,056/- for the said repairs and replacement of some spare parts of the A/C system. According to the 1st opposite party the delay was due to non-availability of spare parts from the 2nd opposite party, the manufacturer. Aggrieved by the inordinate delay in rectifying the break down in the air conditioning system, the complainant had initiated a complaint bearing C.C. No.606/2009 before the CDRF, Ernakulam on 28.10.2009 seeking cost and compensation for delay, expenses etc. with an interim prayer for directing the opposite parties to release the vehicle within a specific period of time. The vehicle was delivered by the service centre only after the CDRF passed an order directing them to release the vehicle. But during the pendency of the above said complaint, on 12.05.2010 the air conditioning system totally broke down. Even though the complainant reported the breakdown of the air conditioning system with the 1st opposite party on the same day they were reluctant to take the vehicle for service. They informed the complainant that the compressor of the A/C was completely damaged and so it requires replacement. Since the spare compressor was not readily available with them and they had to get it from the 2nd opposite party manufacturer, they insisted the complainant to bring the vehicle only when they received the compressor from the 2nd opposite party. Aggrieved by this the complainant filed I.A in C.C. No. 606/2009 before the CDRF with a prayer to direct the opposite party to arrange a compressor from any other recognized service centres and to release the vehicle within a reasonable period of 5 days. On assurance from the counsel for the 1st opposite party before the District Forum that the spare parts will be made available only on 25.06.2010 and the 1st opposite party shall intimate the complainant about its arrival, the complainant produced the vehicle on 28.06.2010, immediately on intimation from the 1st opposite party. But the vehicle was released by the 1st opposite party only on 02.07.2010. The vehicle was kept idle for 52 days since there was defect in the A/C system. Immediately after taking delivery of the vehicle from the service centre the A/C system started mal-functioning again and on 09.09.2010 it totally broke down. The matter was reported to the authorized service centre of the 1st opposite party at Kalamassery, but it is not repaired so far and the vehicle is still with the 1st opposite party. The vehicle being a premium class luxury vehicle could not be used as a luxury vehicle without proper functioning of the Air Conditioning system. Since 2009 the vehicle was hardly used with its air conditioning system functioning normally. Thus it is proved that the rectification of the recurring and continuous break down of the A/C system of the vehicle of the complainant is beyond the capacity and control of the 1st and 2nd opposite parties. The continuing break down of the A/C system despite full replacement of the A/C system with brand new parts supplied by the manufacturer reveals that the vehicle as a unit itself is defective and the defect is beyond the level and capacity of the authorized service centre and the manufacturer. In the above circumstance complainant issued a notice to the opposite party on 16.07.2010 demanding refund of the cost of the vehicle along with expenses incurred there upon for taking back the damaged vehicle and mental agony. Since no reply was received from the opposite party he sent another notice on 08.09.2010. Since no reply was received from the opposite party for this notice also, the complainant has no other remedy but to approach this Commission for refund of the cost of the vehicle with the expenses incurred for replacement of the spare parts, and hence filed this complaint.3. 1st opposite party entered appearance and filed version. 2nd opposite party though received notice and entered appearance, did not file any version. The 1st opposite party through their version raised the following contentions. The complaint is not maintainable as the complainant is the Managing Director of Muthoot Finance Ltd. which is one of the largest non-banking finance company. The complainant is holding major stake in the company. The subject matter car was purchased for the business purpose of the complainant. The complainant is conducting a commercial activity and the said car was purchased for the said business purpose. Since it is purchased for commercial purpose the complaint is not maintainable before this Commission and the complainant is not a consumer as defined under Sec. 2(d) of the Consumer Protection Act. The opposite party further alleged that the allegation of the complainant that the complainant was forced to take the vehicle to the service centre of the opposite party on several occasions including 12.01.2009, 15.06.2009, 16.07.2009, 13.08.2009 and 15.10.2009 for A/C complaint is not correct. As per the records maintained by them the vehicle was brought to their service centre on 12.01.2009, 15.06.2009 and 13.07.2009 for other complaints. No complaint regarding A/C was raised at that time. The vehicle was not brought to the service centre on 16.07.2009 or 13.08.2009 as alleged by the complainant. It was only on 15.10.2009 for the first time the vehicle was brought for service with the complaint of A/C. The complaint was attended and the vehicle was kept under observation for 20 days to ascertain the exact nature of the complaint. On 18.11.2009 it was detected that the complaint was persisting due to the defects in the evaporator and evaporator hose. These spare parts were changed and the vehicle was delivered to the complainant on 23.11.2009. The complainant’s representative after verifying the vehicle had issued a satisfaction note as regards to the repair of the vehicle. The complainant with ulterior motive and to make illegal gains filed this complaint even when the complaint was pending before the District Forum. C.C. No. 606/2009 filed by the complainant was disposed by the CDRF on 16.04.2011 after the institution of this complaint. The complainant on 23.11.2009 took delivery of the vehicle after being fully convinced and satisfied that all the jobs which were required to be carried out have been done satisfactorily after taking test drive of the vehicle. The opposite parties have diagnosed, attended and rectified the defects to the air conditioner within the reasonable time. The time taken for such repairs was due to the requirement of monitoring of the air conditioning system to ascertain the exact nature of the complaint and to keep the same under observation before delivery to the complainant. The air conditioner fitted with the vehicle is not manufactured by the 2nd opposite party, but is manufactured by the DENSO Company. After delivery of the vehicle on 23.11.2009 it was brought on 25.02.2010 for 7th service. At that time no complaint to the air conditioner was reported. It is true that the vehicle was again brought to the service centre on 12.05.2010 with complaint in the air conditioning system. It was identified that the complaint with the A/C was due to the fault in the compressor. Since there was some delay for obtaining the compressor, the service centre in the best interest of the customer informed the complainant to bring the vehicle only on intimation of the receipt of the compressor from the manufacturer. On receipt of the compressor from the manufacturer, the vehicle was attended and delivered to the complainant on 02.07.2010. The vehicle was garaged only for 5 days for attending the A/C complaint. By the time when the vehicle was again brought for attending the A/C complaint it had run 67027 km and when it was brought for changing the compressor on 28.06.2010 the vehicle had run about 69111 kms. From the above it is clear that the vehicle was plying on average of more than 40 kms per day and was subjected to extensive use. Since the complaint was repeated, the matter was taken up with the higher officials of the manufacturer and on their instruction, the A/C was fully refreshed and kept under strict monitoring for one month. The defects noted by the complainant were fully attended and was ready for delivery on 15.11.2010. Even though the complainant was informed to take delivery of the vehicle, for reasons best known to him, the vehicle was not taken delivery by the complainant. Thereupon opposite party issued letter dated 29.11.2010 requesting the complainant to take delivery of the vehicle at the earliest. The opposite party is not liable for the delay alleged to have been caused for the delivery of the vehicle. The car has been ready for delivery after repair and the complainant is deliberately avoiding to take delivery of the vehicle with ulterior motive to make illegal gains at the expense of the opposite party. The complainant is also aware that the opposite party had kept the vehicle ready for delivery. The A/C parts which required replacement alone were replaced. The vehicle has no manufacturing defects and the allegations are all invented for the purpose of this case.There is no deficiency of service from the part of the opposite party as alleged. There was no occasion for the opposite party to take any evasive stand in the matter of repairing the vehicle or delivering the vehicle to the complainant as alleged. The vehicle has been regularly serviced and it is only on account of the complainant’s refusal to take delivery of the vehicle that the entire case has been continuing. Hence opposite party prayed for dismissal of the complaint with compensatory cost.4. Evidence in the case consists of oral testimony of commissioner who filed Ext. C1 report as CW1 and that of the complainant as CW2. Exts. A1 to A18 were marked on his side. On the side of the opposite party, their authorized representative, gave oral evidence as OPW1 and Exts. B1 to B10 were marked on their side. Document produced by the opposite party as per the direction of this Commission is marked as Ext. X1. The second commission report was marked as Ext.C2.5. Heard the counsel for the complainant and the 1st opposite party.6. The following points arise for consideration.i. Whether the complaint is maintainable?ii. Whether there is unfair trade practice or deficiency in service on the part of the opposite parties?iii. Whether the complainant is entitled to get any compensation from the opposite parties, if so, what is the quantum?iv. Whether the complainant is entitled to get the reliefs as prayed for?7. Point (i):- The counsel for the 1st opposite party raised the contention that the complainant being the Managing Director of the non-banking finance company and the subject matter car was purchased in the name of the Managing Director and hence complainant is conducting commercial activity for the purpose of running the said business. Therefore the counsel contended that the complaint does not constitute a consumer dispute and the complainant is not a consumer as defined under Sec. 2 (d) of the Consumer Protection Act. It is true that the subject matter car is purchased in the name of the Managing Director, Muthoot Finance Ltd, a non-banking finance company. It cannot be presumed that the complainant is using the aforementioned car for his business purpose as urged by the counsel for the opposite party. The complainant has not been shown to have used the said vehicle for any commercial purpose or for making profit out of the use of it. No income is shown to have been generated by the complainant out of the use of the vehicle. The vehicle in question is neither a product used for re-sale by the complainant or for making profit as a part of his business purpose, nor is there any evidence to show that the company has used the vehicle for commercial or business purpose. In the light of the above it can be stated that the purchase of the car definitely will not come under the purview of commercial purpose, so as to oust the complainant from the definition under Sec. 2 (d)(1) of the Consumer Protection Act. In the light of the above it is held that the complaint is maintainable.8. Points (ii) & (iii):- These two points in the facts and circumstances presented can be considered together. The case of the complainant as testimonied by CW2, the complainant, is that immediately after the first year of purchase break down in the A/C unit of the vehicle started and the opposite parties could not rectify the defects on any of the occasion of its repair or replacement of the major components of the A/C. It is noted that as per Ext. P1 the 1st opposite party attempted to rectify the defects of the A/C unit of the vehicle only on 15.10.2009 and that they could rectify the A/C units after replacement only after an inordinate delay of 39 days. The 1st opposite party raised a bill of Rs. 39,046/- which was paid by the complainant. Aggrieved by the inordinate delay in rectifying the defects in the A/C system the complainant had filed a complaint before the CDRF Ernakulam. The 1st opposite party released the vehicle only as per the direction of the Consumer Forum in I.A 547/09 in C.C. 606/2009. It can be noted that after the service on 15.10.2009 again on 12.05.2010 the A/C system of the vehicle completely broke down and 1st opposite party has replaced the main component of the A/C i.e; compressor. It is also noted that the 1st opposite party took time to replace the compressor as the compressor was not in their custody and the vehicle was released only on 02.07.2010 i.e; after 52 days delay with the assurance that there will be no complaint with the A/C unit since the compressor itself was replaced. It has come out in evidence that the A/C of the vehicle again started malfunctioning on 09.09.2010 and the A/C system of the vehicle totally broke down. The vehicle is still in the custody of the 1st opposite party service centre. The expert commissioner in his report (Ext. C2) also found that the vehicle was unfit for travel within its trial run for a short distance of below 10 kms. It is proved by the expert commissioner that the car could not be used within 10 km of its trial run and he found that the A/C system in the vehicle was defective in nature and that the defect was not cured either by the manufacturer or by the service centre. The car being a premium class luxury vehicle is expected to give all possible comforts and safety to the passengers. The premium class vehicle could not be used without A/C facility. It is proved beyond doubt through the expert commissioner that the defect in the A/C system is not curable. The learned counsel for the complainant relied on the judgment of the Gujarat State Commission in the matter of “Rajendra Kumar Ganeshbhai Prajapati Vs. Cama Motors (Pvt) Ltd.& others 1992 (II) CPJ 504” in support of his arguments that due to the complaint in the A/C of the luxury car, the car itself is to be replaced. Learned counsel also placed reliance on the decision of the Hon’ble National Commission in the matter of Controls and Switchgear Company Vs. Daimlerchryster India Pvt. Ltd. and T & T Motors Ltd. reported in 2007(iv) CPJ 1 (NC). Decision of the Apex Court in Col. Anantharam Vs. Fiat India Ltd. & others reported in (2011)1 SCC 460, AIR 2011 SC 523 and also decision of National Commission in the matter of Bharat Traders, Muzaffarpur Vs. Ramachandran Pandey reported in 1(1991) CPJ 152(NC) and Abhaya Kumar Panda Vs. Bajaj Auto Ltd. reported in 1 (1992) CPJ 88 (NC) in support of his contention.9. The learned counsel for the opposite party contended that the allegation in the complaint that the complainant was forced to take the vehicle to the service centre of the 1st opposite party on several occasions on 12.01.2009, 03.06.2009, 16.07.2009 and 13.08.2009 was not correct. It was only on 15.10.2009 for the first time the vehicle was brought for service with complaint of the A/C system. The complaint was attended and the vehicle was got under observation for a period of 20 days for monitoring to ascertain the exact nature of the complaint. On 18.11.2009 it was detected that the complaint was persisting due to the defects in the evaporator and evaporator hose. The required spare parts were changed and the vehicle was delivered to the complainant on 23.11.2009. The complainant’s representative after verifying the vehicle had issued a satisfaction note as regards the repair of the vehicle. It is evident from job card issued by them which is marked as Exts. B5 & B6. Complainant has not reported any complaint to the A/C at any of the dates prior to 15.10.2009. The grievance of the complainant that the documents Ext. B1 to B7 are prepared and printed by the 2nd opposite party are untenable. The opposite parties have diagnosed, attended and rectified the defects of the A/C within reasonable time. The time taken for such repairs was due to the requirement of the monitoring of the A/C system to ascertain the exact nature of the complaint. Further he contended that the air conditioner fitted in the vehicle is not manufactured by the 2nd opposite party, but it was manufactured by the DENSO Company. Thereafter the vehicle was serviced on 25.02.2010 and 05.05.2010. In both these services there was no complaint as regards to the A/C system. It was only on 12.05.2010 the vehicle was brought to the opposite party with the complaint in the A/C system and it was identified that the complaint was due to the fault in the compressor. Since there was delay in obtaining the compressor the opposite party advised the complainant to bring the vehicle only on intimation of receipt of the compressor from the manufacturer. Unfortunately the compressor was not available in the factory of the 2nd opposite party. In the meanwhile the complainant with malafide intention approached the district forum alleging delay in delivery of the vehicle after repair. As soon as the compressor was made available on 28.06.2010 the vehicle was attended and delivered to the complainant on 02.07.2010 (Ext. B10). The vehicle was garaged only for 5 days for attending the defects of the A/C unit of the vehicle. At that time the vehicle had run more than 67000 kms. When it was brought for changing the compressor it had run about 69000 kms. The vehicle was again brought with complaint to the A/C on 09.09.2010. Since the complaint was repeated the matter was taken up with the higher officials of the manufacturer and on their instruction the A/C was fully refreshed and kept under strict monitoring for one month. The defects noted by the complainant were fully attended and was ready for delivery on 15.11.2010. Even though the complainant was informed to take delivery of the vehicle, it was deliberately not taken by the complainant. Therefore the opposite party has sent a letter dated 29.11.2010 requesting the complainant to take delivery of the vehicle at the earliest. The vehicle is in perfect condition and the complainant has been deliberately avoiding to take delivery of the vehicle with ulterior motive to make illegal gains at the expense of the opposite party. The expert commissioner who examined the vehicle in his Ext. C1 report has observed that the vehicle was properly maintained by the 1st opposite party and the errors of the A/C can be corrected after charging of the gas in the A/C. There is nothing in Ext. C1 report so as to prove manufacturing defect as alleged by the complainant. The vehicle has no manufacturing defect. The allegation that the vehicle itself is defective and the repairing of the defects is beyond the level and capacity of the authorized service centre and the manufacturer is nothing but figment of complainant’s imagination invented with ulterior motive. The vehicle has been regularly serviced and has kept defect free in the custody of the opposite party and it is only on account of refusal to take delivery of the vehicle, the vehicle is kept in the premises of the opposite party. The learned counsel for the 1st opposite party placed reliance on the judgment of the Supreme Court of India in the matter of “Srinivasa Rao Vs. M.D. Tafe Access Ltd. & anr. and also Maruti Udyog Ltd. Vs. Susheel Kumar Gabgotra & others” in support of their case.10. Perusing the documents it is noted that the 1st opposite party service centre serviced the car for complaint in the A/C system within a short span of time and required replacement of the spare parts of the A/C was done on 15.10.2009, 18.11.2009, 12.05.2010 and 02.07.2010. It is also come out that the car was again entrusted with the opposite party with break down to the A/C system on 19.09.2010 which is still with the opposite party service centre. Admittedly the first service of the complaint in the A/C unit registered on 15.10.2009 was carried out only after a delay of 39 days. It is also come out in evidence that the vehicle was delivered by the 1st opposite party only after the direction from the District Forum. Since the complaint in the A/C unit was out of warranty the service centre has charged an amount of Rs. 39,046/- towards repair and replacement of the parts of the A/C unit. It is also an admitted fact that during the pendency of the complaint before the C.D.R.F, on 12.05.2010 the A/C system of the said vehicle totally broke down during its run and the complainant reported the same at the service centre of the opposite party. At the same time after checking the service advisor of the 1st opposite party advised the complainant that the compressor is completely damaged and requires replacement. It is further noted that the spare parts i.e; compressor was not readily available with them and they would replace it only on receipt of the compressor from the 2nd opposite party, the manufacturer. The vehicle which was entrusted with the service centre on 02.06.2010 as directed was released only on 02.07.2010 after replacing compressor in the A/C system with the assurance that the A/C system which was supplied by the manufacturer is defect free. For the above service and replacement of the compressor admittedly the opposite party has raised bill for Rs. 30,653/-. It is disgusting to note that the A/C unit of the premium class luxury vehicle again broke down on 09.09.2010 and was entrusted to the 1st opposite party service centre even though one of the main parts i.e; compressor was replaced only 2 months back i.e; on 02.07.2010 and is still kept idle at 1st opposite party service centre from 09.09.2010. The 1st opposite party contended that since the complaint was repeated the matter was taken up to the higher officials of the manufacturer and as per their instruction the air conditioner was fully refreshed and is kept under strict care monitoring and was ready for delivery on 15.11.2010. They further stated that the opposite party has issued a letter dated 29.11.2010 requesting the complainant to take delivery of the vehicle at the earliest. However the 1st opposite party failed to prove that the vehicle is in good condition and is kept ready for delivery after repair. They have not produced the alleged letter sent on 29.11.2010 to the complainant to prove their bonafides. The expert commissioner noted the condition of the vehicle and he has filed Ext. C1 report on 10.07.2012. During the road test the commissioner found that A/C cooling was not adequate. Even though the grill temperature is obtained, adequate cooling is not achieved in the cabin. The performance of the A/C unit was not satisfactory during the road test. Even though the A/C unit was working satisfactorily till two years, he came to the conclusion that the problem in the cooling of A/C might be due to leakage and some other defects. As the first report Ext. C1 was not conclusive, at the expense of the 1st opposite party another expert commission was again taken out and his report dated 14.12.2017 was marked as Ext. C2. He has found during road test that the alternator was not working. ABS found faulty. Emission system found faulty. There is failure of brake light. He found that during road test the car was currently not roadworthy due to the above technical problems. The A/C was not at all working during the road test. He concluded that the vehicle was not roadworthy as it was left unused for a long period of time. Tyres are damaged, engine noise is very high, gear position selector lever is very tight and overall performance of the vehicle is very poor. A/C compressor is not working when the A/C is switched on. Because of this no cooling was detected. He has inferred that the refrigerator system capacity is not adequate for sufficient cooling. The learned counsel for the complainant stated that when there was so many defects to the luxury car as found by CW1 expert commissioner which clearly shows that the whole vehicle was defective and it had manufacturing defects. In this circumstance he urged that the complainant is entitled to get refund of the total price of the vehicle with interest and compensation. He has also pointed out that as per Ext. A18 documents it is evident that the manufacturer of the car has recalled many cars which were manufactured during this period. He placed reliance on the above referred decision of the Apex Court and National Commission and urged for replacement of the car itself. The learned counsel for the opposite party, on the other hand, relying on the citation referred above urged that the defects like cooling in the A/C cannot be considered as manufacturing defect of the car itself since the A/C unit is an additional attachment which was provided to the car and does not reflect the basic functioning of the car. The defects in the car noted by the commissioner in Ext. C2 are due to the fact that the car was kept idle for more than 10 years and is only a minor defect which can be rectified. These defects cannot be considered as manufacturing defects.11. It is seen that, though the vehicle has been extensively used for more than 70000 km and the complaint with regard to the A/C unit started only after the warranty period, A/C of a luxury car gave trouble shooting within 2 years from the date of purchase. It is also to be noted that though the spare parts evaporator and evaporator hose was replaced, there occurred defect to one of the main parts of A/C i.e; A/C compressor itself was changed within a short span of time. Thus it clearly shows that the A/C unit of the car is having manufacturing defects. Even though compressor was replaced the A/C is not fully working as found by the commissioner in Ext. C1 & C2 report. It is disgusting to note that the A/C unit of a premium luxury car became defunct within 2 years from the date of purchase of the car and that it could not be fully rectified even after replacing the most important parts, i.e; compressor, evaporator hose etc. This is not expected fro

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m the manufacturer/dealer of a luxury car. Therefore, we hold that there has been deficiency in service on the part of the opposite parties. Continuous break down of the A/C within 2 years from the date of purchase that too of a luxury car worth Rs. 25,00,000/- even after replacing many important parts like compressor, evaporator and evaporator hose itself shows that A/C unit is having inherent manufacturing defects. However we agree with the learned counsel for the opposite party that for manufacturing defect of the A/C unit, the whole car does not require replacement. A/C is an additional fitting and is a separate component as observed by the Apex Court in the matter of Srinivasa Rao Vs. M.D. Tele Access Ltd. & others (supra). Hence we hold that the defective A/C unit is only to be replaced. We find that the A/C unit of the car was having malfunctioning in spite of repeated services done by the opposite party. The decisions relied by the learned counsel for the complainant cannot be made applicable in the present case since there is manufacturing defect of A/C unit only and there is no inherent defects to other components of the car. A/C unit is a separable unit. Other defects as noted in Ext. C2 report are only repairable. Thus it can be concluded that the A/C unit only is to be replaced. Hence we hold that the opposite parties are liable to replace the A/C unit with a brand new A/C unit.12. Having regard to the fact that the complainant has undergone much mental agony and suffering due to the breakdown of the A/C unit several times and that too within a short span of time especially since A/C unit of the luxury car became defective and is lying idle at the service centre for more than 10 years and that the complainant had to make alternate arrangement for his routine travel, he has to be adequately compensated. Taking into consideration all these aspects we feel the complainant is entitled to get compensation of Rs. 10,00,000/- with 9% interest from the date of complaint till realization from the opposite parties. The commissioner in Ext. C2 report has pointed out certain other defects also and the car is kept idle in the workshop of the 1st opposite party without any service and it is not roadworthy. The 1st opposite party is liable to make the car in a good roadworthy condition.In the result, the complaint is partly allowed.1. The opposite parties are directed to replace the A/C unit with a fresh new A/C unit free of cost to the complainant within one month from the date of receipt of this order failing which the opposite parties are directed to pay the present market value of the new A/C unit to the complainant.2. The 1st opposite party is directed to make the car roadworthy by repairing and rectifying all the defects of the car free of cost as noted by the second commissioner in his Ext. C2 report.3. Opposite parties 1 & 2 are jointly and severally directed to pay compensation of Rs. 10,00,000/- (Rupees Ten lakhs only) with 9% interest from the date of complaint till realization4. Opposite parties are directed to pay cost of Rs. 25,000/- (RupeesTwenty five thousand only) to the complainant.
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