JOSE PHILIP MAMPILLIL versus M/S. PREMIER AUTOMOBILES LTD. AND ANR.

JOSE PHILIP MAMPILLIL versus M/S. PREMIER AUTOMOBILES LTD. AND ANR.

The Supreme Court held that since defects were proved to be present at the time of delivery, the consumer is entitled to have the car repaired from any reputed garage or mechanic of their choice at the cost of the respondents, with liability joint and several.

Parties
Appellant: Jose Philip Mampillil; 1st Respondent: Premier Automobiles Ltd.; 2nd Respondent: Premier Automobiles Ltd. Dealer (Kottayam)
Jurisdiction
India
Judgment Date
27 January 2004
Procedural Posture
Civil Appeal / Appeal From National Consumer Disputes Redressal Commission
Outcome
Appeal disposed of.
Legal Topics
Defective Goods, Consumer Rights, Remedies for Defective Vehicles
Consumer Law Defective Goods Consumer Rights Remedies for Defective Vehicles

Case Brief

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Parties

Jose Philip Mampillil

Appellant

Premier Automobiles Ltd.

1st Respondent

Premier Automobiles Ltd. Dealer (Kottayam)

2nd Respondent

Procedural Posture

Civil Appeal / Appeal From National Consumer Disputes Redressal Commission

Legal Issues

  1. 1 Whether the defects in the appellant's car existed at delivery and the appropriate remedies for the consumer

Ratio Decidendi

The Supreme Court held that since defects were proved to be present at the time of delivery, the consumer is entitled to have the car repaired from any reputed garage or mechanic of their choice at the cost of the respondents, with liability joint and several.

Court Disposition

Appeal disposed of.

Orders

  • Appellant may get the car repaired from any reputed garage/mechanic at Kottayam of their choice, with notice to respondents before and after repair.
  • Respondents to pay jointly and severally for all repair costs; not permitted to dispute nature of repairs.