Delhi

StateCommission

A/10/292

MARUTI SUZUKI INDIA LTD. AND ANR. - Complainant(s)

Versus

DALIP KUMAR AND ORS. - Opp.Party(s)

07 Mar 2017

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

                                                     Date of Arguments: 07.03.2017

         Date of Decision: 15.03.2017

First Appeal No. 292/2010

In the matter of:

1.        M/s Maruti Suzuki India Limited

Formerly known as

(M/s Maruti Udyog Limited)

Plot No. 1, Nelson Mandela Road

Vasant Kunj

New Delhi-110070.

 

2.        J.J.Impex (Delhi) Pvt. Ltd.

            (Unit M/s Maruti Service Master)

            Plot No. 9, SSI Industrial Estate

            G.T.Road, Opp. Jahangirpuri

            Near KDR Factory

            Delhi-110033.                                                               ………..Appellants

 

                                                Versus

 

1.        Dalip Kumar

R/o 340, Mandolli Village

Nand Nagri

Delhi-110093.                    

 

2.        Rohan Motors Pvt.Ltd.

            A-15, Mohan Co-Op Industrial Estate

            Mathura Road, New Delhi.

 

3.        T.R.Sahni Motors Pvt. Ltd.

            33-34, Melaram Complex

East Gokal Pur,Delhi-11 00 93.                  ……..Respondent/Opposite Parties

 

CORAM

 

Hon’ble Sh. O.P.Gupta, Member(Judicial)

Hon’ble Sh. Anil Srivastava, Member (Non-Judicial)

1.     Whether reporters of local newspaper be allowed to see the judgment?  Yes

2.      To be referred to the reporter or not? Yes

 

SHRI O.P.GUPTA

 

JUDGEMENT

          The appeal is directed against order dated 06.12.10 passed by District Forum IV vide which the Ops 2 to 4 were directed to pay jointly or severaly Rs. 40,000/- to the complainant as financial loss including compensation for his physical and mental harassment alongwith Rs. 5,000/- as cost of litigation. The complainant purchased Maruti Alto car No. DL3C AD 6511 from OP I.  The same was serviced from OP IV on six occasions.  The mileage of the vehicle was not proper as per assurance given by OP I.  OP I  assured that vehicle would give mileage of 17.6 km per liter of petrol whereas vehicle gave mileage of only 8 km. per litre.  He suffered loss of Rs. 45,000/- on account of low mileage.

2.        OP 2 and 3 filed a WS stating that forum has no jurisdiction as complaint being without any cause of action.  Neither there was any defect in the vehicle nor Ops were guilty of any deficiency in service.  Relief or replacement of vehicle or refund of price was beyond purview of warranty, as according to warranty complainant could claim free replacement of defective part as held by Hon’ble Supreme Court in Maruti Udyog Ltd. Vs. Sushil Kumar Gabgotra.  Similar view was taken by National Commission in Hindustan Metros  vs. P.Vasudeva IV (2006) CPJ 167 and Maruti Udyog vs. Atul Bhardwaj 1 (2009) CPJ 270.

3.        It is not necessary to enter into merits of the case.  The reason being that during pendency of the appeal, the complainant sold the car in question to Ravinder as per information downloaded by the appellant form website of the Transport Authority.  The respondent  could not dispute the said fact. It has been held in RP 612/16 titled as Audhut Parar vs. Dempo Marketing decided by National Commission on 15.03.16 that once a vehicle is sold the complainant no more remains a consumer.  Similar view has been taken in the following cases.

 

1. RP 158/15 General Motor India Pvt.Ltd. vs. A.Jayakrishnan decided on 18.09.15 National Commission.

2.  II (2014) CPJ 665 NC Tata Motors vs. Manoj Gadi.

3. RP 2562/12 Tata Motors vs. Hazoor Maharaj Baba decided on 25.09.13 NC.

4.        IV (2013) CPJ 258 NC Honda Cars India vs. Jitender Singh.

 

4.        Applying the said law, appeal succeeds and the same is accepted, impugned order is set aside and complaint is dismissed.

            Copy of the order be sent to both the parties free of cost.

            One copy of the order be sent to district forum for information.

 

 

(ANIL SRIVASTAVA)                                                                                 (O.P.GUPTA)

MEMBER                                                                                          MEMBER(JUDICIAL)