BEFORE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD
C.C.NO.35 OF 2012
Between:
Mrs Elaine Ester Roach D/o William Oscar
aged 45 years, Occ: Business Secunderabad-010, rep. by her Special
Power of Attorney Mr.P.Bharat S/o P.Krishna Murthy
aged 35 years, Occ: Business, R/o H.No.1-11-222/2
Gurumurthy Lane, Begumpet, Hyderabad
1. M/s Mercedes Benz India Pvt Ltd.,
rep. by Managing Director Mr.Peter Theodor Honegg,
E-3, MIDC, Chakan, Phase-III, Chakan Industrial
Area, Kuruli & Nighoje, Tal: Khed. Pune-501
2. Mr.Peter Theodor Honegg
Managing Director of M/s Mercedez Benz India Pvt Ltd.,
E-3, MIDC, Chakan, Phase-III, Chakan Industrial
Area, Kuruli & Nighoje, Tal: Khed. Pune-501
3. M/s Adishwar Auto Diagnostics Pvt Ltd.,
Mahavir Motors, rep. by Managing Director
Mr.Diniyar Marshal MB Towers, Plot No.47 & 48
Madhapur, Hyderabad, AP-081
4. Mr.Diniyar Marshal
Managing Director of M/s Adishwar Auto
Diagnostics Pvt Ltd., MB Towers, Plot No. 47 & 48
Madhapur, Hyderabad, AP-081
Counsel for the complainant
Counsel for the opposite parties
QUORUM:
SRI THOTA ASHOK KUMAR, HON’BLE MEMBER
WEDNESDAY THE THIRD DAY
Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)
1. 2. replacement of the old vehicle with new vehicle and the opposite parties 3. The authorised dealer, opposite party no.3 is interalia responsible for sale and service of vehicles.
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1. Whether the opposite parties have played unfair trade practice on the complainant?
2. To what relief?
9. :
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12. “the complainant was aware of the date of manufacture at the time of purchase as she was given form no.20 and 21.
13.
(q)
(1)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence;
(viii)makes to the public a representation in a form that purports to be—
(i)
(ii)
(ix)
(x)
Explanation. -For the purposes of clause (1), a statement that is—
(a) expressed on an article offered or displayed for sale, or on its wrapper or container; or
(b) expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale; or
(c) contained in or on anything that is sold, sent, delivered, transmitted or in any other manner whatsoever made available to a member of the public,
shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or contained;
(2) permits the publication of any advertisement whether in any newspaper or otherwise, for the sale or supply at a bargain price, of goods or services that are not intended to be offered for sale or supply at the bargain price, or for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business, and the nature of the advertisement.
Explanation .—For the purpose of clause (2), "bargaining price" means—
(a) a price that is stated in any advertisement to be a bargain price, by reference to an ordinary price or otherwise, or
(b) a price that a person who reads, hears or sees the advertisement, would reasonably understand to be a bargain price having regard to the prices at which the product advertised or like products are ordinarily sold;
(3) (a) the offering of gifts, prizes or other items with the intention of not providing them as offered or creating impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged in the transaction as a whole;
(b) the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly or indirectly, the sale, use or supply of any product or any business interest;
(3A) withholding from the participants of any scheme offering gifts, prizes or other items free of charge, on its closure the information about final results of the scheme.
Explanation. — For the purposes of this sub-clause, the participants of a scheme shall be deemed to have been informed of the final results of the scheme where such results are within a reasonable time, published, prominently in the same newspapers in which the scheme was originally advertised;
(4)
(5)
(6)
(2)
14.
15. `7 lakh and evaded to replace the car with 2011 model new car and further, he contended that the opposite parties informed the complainant that there will not be any face lift of Mercedes Benz car in the year 2011 and
16. `7,59,620/-. `7,59,620/- i.e.,`2,27,886/- to avail the offer.
17.
18.
“after its purchase she has applied for registration with the Road Transport Authority, Secunderabad for registration of the said vehicle.
19. The entire gamut of the complainant’s case revolves around assurance purportedly made by the executives of the opposite parties that 2011 model car was sold to her and instead she was supplied with 2010 model car.
20.
Apart from what has been stated, this Court in the case ofVidhyadhar vs. Manikrao and Another,
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కె.ఎం.కె*
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Complainant
NIL EXHIBITS MARKED
For complainant
Ex.A1
Ex.A2
Ex.A3
Ex.A4
Ex.A5
Ex.A6
Ex.A7
Ex.A8
Ex.A9
Ex.A10
Ex.A11
Ex.A12
Ex.A13
Ex.A14
Ex.A15
For the opposite parties
Ex.B1
Ex.B2
Ex.B3
Ex.B4
Ex.B5
Ex.B6
Ex.B7
Ex.B8
| |
| [HONABLE MR. SRI R. LAXMI NARASIMHA RAO] |
| PRESIDING MEMBER |
| |
| [HONABLE MR. T.Ashok Kumar] |
| MEMBER |
