- Dipak Ray,
17/1,H, Gopal Nagar Road, P.O. Alipore,
Kolkata-27, P.S. Alipore. _________ Complainant
____Versus____
- Maruti Suzuki India Ltd.
Regional Office Kolkata
16 Camac Street, Kolkata-17,
L&T Chamber, 4th Floor,
P.S. Shakespeare Sarani, Kolkata. ________ Opposite Party
Present : Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 10 Dated 18-12-2014.
The case of the complainant in short is that complainant has purchased a vehicle from o.p. on 20.11.10 at a cost of Rs.3,80,365/- inclusive of taxes and insurances. The voucher of the same has been annexed by complainant with the petition of complaint. The vehicle has been registered being no.WB 06E 9257, chassis no.137557, engine no.4156576. Complainant further stated that o.p. has advertised that the vehicle will ply 20.2 km per litre whereas he used to obtain only 9.5 to 10 km per litre of petrol.
Complainant further stated that during warranty period i.e. on 12.11.12 he produced the car before Dewar’s Garage, authorized service station of o.p. The said company has received Rs.1732/- from complainant for doing some job in the vehicle. Complainant stated that he has never obtained mileage as has been advertised by o.p. whereas he used to get only 9.5 to 10 km per litre of petrol.
In view of the above, complainant has filed the instant case before this Forum with the prayers contained in the petition of complaint.
O.p. appeared in this case by filing w/v and contested the case. O.p. denied all the material allegations as has been made by complainant in the petition of complainant and prayed for dismissal of the case for some technical grounds, such as, mileage depends upon road condition, it depends upon the driver who drives the vehicle, so on and so forth. Beside this, o.p. has raised that this instant complaint petition be rejected due to non joinder of party since Dewar’s Garage has not been impleaded as o.p. in the present case since they have repaired the vehicle. So, without that o.p. the present case cannot be adjudicated judiciously.
Decision with reasons:
Upon considering the submissions of both the parties and on careful scrutiny of the entire materials on record, we find that o.p. raised most cogent ground that the instant case be dismissed for non joinder of party since Dewar’s Garage had not made a party in the instant case.
We hold that the aforesaid point is very important and vital to adjudicate the matter. Hence, we are of the view that the instant complaint petition is rejected due to non joinder of party since Dewar’s Garage had not made a party in the instant case, though they have also involved in many way or whatsoever in the case in respect of the vehicle is concerned.
Hence, ordered,
That the case is dismissed on contest without cost against the o.p.
Supply certified copy of this order to the parties free of cost.
