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Binter Picha   25 March 2016

Need of suggestion and rulings

Whether a complainant can seek compensation of payment of Equated Monthly Installments (EMI) from the authorized dealer and manufacturer (on manufacture defect) for delay of one yaer in returning the vehicle after servicing from authorized service center. 



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 3 Replies

Binter Picha   25 March 2016

Matter is fixed for final hearing. I am in need of rulings/judgments.

Sumanth Nookala (Lawyer)     27 March 2016

Difficulat to find any such citation. Going by the basic principle of restitution, what u r denied is the right to use the car and hence costs incurred in hiring another car for one year can be granted. EMI is for ownership and the same is not effected by the delay on part of the dealer in delivering the serviced vehicle.

Sumanth Nookala (Lawyer)     27 March 2016

Difficult to find any such citation. Going by the basic principle of restitution, what u r denied is the right to use the car and hence costs incurred in hiring another car for one year can be granted. EMI is for ownership and the same is not effected by the delay on part of the dealer in delivering the serviced vehicle.


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