District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.72/2020
Date of Institution: 04.02.2020.
Date of Order: 19.12.2022.
Ajay Sehra S/o Shri Raj Kumar Sehra, R/o H.No. 1487/2, New Baselwa Colony, Old Faridabad – 121002. Permanent R/o H.No. 2423, Village Jundla, Karnal.
…….Complainant……..
Versus
1. Maruti Suzuki India Limited (Head Office) 1, nelson Mandela Road, Vasant Kunj, New Delhi – 110 070 (Through its Authorized Signatory).
2. Maruti Suxuki India Limited (Regional Office) Plot NO. 184, Platinum Tower, Udyog Vihar, Phase-1, Gurugram, Haryana 122016 (through its Authorized Signatory).
3. Vipul Motors Pvt. Ltd., (authorized dealer of Maruti Udyog Limited) Plot NO.1-A, 19/6, Mile Stone, Main Mathura road, Faridabad -121006 (Through its authorized Signatory).
4. Sharma Audiotronics Pvt. Ltd., Shop No. 10, Basement Krishna Place, Near Ajronda Flyover, sEctor-20B, Faridabad – 121005. (Through its Authorized Signatory).
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Himsanshu Rawat, counsel for the complainant.
Sh. Sunil Kumar, counsel for opposite parties Nos.1 & 2.
Opposite parties Nos.3 & 4 exparte vide order dated 4.3.2021
ORDER:
The facts in brief of the complaint are that the complainant purchased a Maruti Baleno Delta Petrol car bearing NO. HR-05AZ1245 Chassis No. MA3EWB22SJL604694, Engine No. K12MN4489033 from Vipul Motors Pvt. Ltd. Fun City Mall, Ajronda Chowk, Faridabad Central, Main Delhi, Mathura Road, Faridabad on 21.12.2018. Within 4-5 months of purchasing the above said car complainant started facing serious issue in which the Bluetooth of the company fitted music system couldn’t connect to the any kind of device e.g. mobile phone of any company as complainant tried to connect a number of mobiles i.e. Redmi Note 4, Samsung A-50 and I phone 6 to the above mentioned music system but it could not connect to the any device. A message pops up on the display of the music system that was “Not available” which hangs the music system until the engine of the car was off. Moreover, it constrained complainant to off the car inadvertently and used to disturb complainant while driving. On being confronted with the problem with the above mentioned music system complainant was constrained to approach to the nearest Maruti service centre i.e. Vipul Motors Pvt. Ltd. Plot NO.1-A, 19/6, Mile Stone, Main Mathura road, Faridabad on 24.07.2019 but the Manager and technician could not understand the problem and they sent complaint to the vendor of music system namely Ashok Sharma at Sharma Audiotronics Pvt. Ltd. Shop No.1- Basement Krishna Place, near Ajronda Flyover, sector-20B, Faridabad. On same day i.e. 24.07.2019 the complainant again visited the Sharma Audiotronics Pvt. Ltd. In the evening after getting call form the employee of Ashok Sharma as he told complainant that there was some software nissue which had been resolved by them and also called complainant to install the music system. After installing the sy7stem complainant was on the way to his home which was almost 15 minutes away from the Sharma Audiotronics Pvt. Ltd. Ad on the way to his home the music system was again hanged and the same problem arises within 10 min. after installing the music system upon which complainant made the video and showed it to the service Manager of Vipul Motors namely Shri Rajiv Gar and also to Ashok Sharma i.e. owner of Sharma Audiotronics Pvt. Ltd. After that they again called complainant on next day and remove the system and also told the complainant that they will replace it within 3-4 workings and they replaced it. After 3 months of the replacement of the music system complainant continued to face the same problems and also Bluetooth connect and disconnect on its own. Complainant contacted the Service Manager of the Vipul Motors and made a verbal complaint to him whereas he paid no heed to the genuine request of the complainant. On 13.123.2019 complainant again visited the service with the same set of problem of Bluetooth connection disconnecting automatically and complainant unable to pick the calls via steering answering button and met Shri N.N.Pandey current Service Manager of Vipul Motors who removed the music system and provide job card to the complainant and complainant requested the Service Manager to give in writing what the problem was with his music system but he refused to do so and on the next day complainant received a call from advisor Vinod Sharma who told complainant that the vender Ashok Sharma refused to give in writing what the problem was and after that he told complainant that they made a complaint against the vendor in company and now some person was coming from company on 17.1.2019. On 19.12.2019 complainant received a call from Service Manager Shri N.N.Pandey and he told complainant that he was sending his technician to check the music system at 12:30 p.m but no technical has arrived till now. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) refund the amount of music system of Rs.30,000/- alongwith interest @ 18% p.a. from the date of deposition of the same or replace the defective music system with another brand new music system.
b) pay Rs. 25,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 11,000 /-as litigation expenses.
2. Opposite parties Nos.1 & 2 put in appearance through counsel and filed written statement wherein Opposite parties Nos.1& 2 refuted claim of the complainant and submitted that the complainant had alleged that the alleged concern of Bluetooth stereo not getting connected to any device was reported after 4-5 months of purchase but could not be resolved. The complainant reported the alleged concern of Stereo not working to the workshop of opposite party No.3 on 24.07.2019 as stated in para 3 of the complaint. The vehicle was inspected and Bluetooth system functioning was found to be in OK condition and no abnormality was observed. Further, the complainant took the delivery of the vehicle without any protest or demur. The vehicle was then sent to the workshop of opposite party No.3 on 06.09.2019 and no concern related to stereo was reported. This clearly indicates that the complainant was making purposeful use of the vehicle in question. It was submitted that the vehicle was sent to the workshop of opposite party No.3 on 13.12.2019 at 12821 kms and the concern of stereo not working was reported. The vehicle was then referred to the stereo vendor. The stereo was inspected for the alleged concern of Bluetooth not getting connected and vide report dated 17.12.2019 it was concluded that no such concern was observed during the inspection. The audio had been played 15-20 times but the problem did not reproduce. Therefore the stereo was working fine and there was no concern with the same vehicle. The complainant had concealed these material facts from the Hon’ble Commission. The vehicle in question has been plied for more than 21325 kms. As on 23.03.2021 but the alleged concern of stereo not working had not been reported post the visit on 13.12.2019. The vehicle in question had always been attended as per the terms and conditions of warranty and the obligations of the answering opposite parties were fulfilled. It was further submitted that the vehicle had always been attended as per the terms and conditions of warranty. Further as per the terms and conditions of warranty. Further the alleged concern was inspected two times i.e 24.07.2019 at the workshop and 17.12.2019 by the stereo vendor and on both occasions no abnormality was observed in the functionality of the vehicle. Further the warranty for the vehicle in question concluded on 20.12.2020 by efflux of time and no obligations were left to be performed on the part of the answering opposite party. Opposite parties Nos.1 & 2 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. Registered notice were sent to opposite parties Nos.3 & 4 on 28.01.2021 not received back neither served or unserved. Case called several times since morning. But none appeared on behalf of opposite parties Nos.3 & 4. Therefore opposite parties Nos.3 & 4 were proceeded against ex-parte vide order dated 4.3.2021.
4. The parties led evidence in support of their respective versions.
5. We have heard learned counsel for the parties and have gone through the record on the file.
6. In this case the complaint was filed by the complainant against opposite parties–Maruti Suzuki with the prayer to: a) refund the amount of music system of Rs.30,000/- alongwith interet @ 18% p.a. from the date of deposition of the same or replace the defective music system with another brand new music system. b) pay Rs. 25,000/- as compensation for causing mental agony and harassment .c) pay Rs. 11,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – Ajay Sehra, Ex.CW4 – legal notice, Ex.CW-5 – postal receipt,, Ex.CW-6 – Adhaar card,, Ex.CW7 – job card, Ex.CW8 – bill, Ex.CW-9 – vehicle details, Ex,CW10 – pan drive.
On the other hand counsel for the opposite parties Nos.1 & 2 strongly
agitated and opposed. As per the evidence of the opposite partiesNos.1 & 2 – affidavit of Yatharth Pandey S/o Sghri P.S.Pandey working for Maruti Suzuki India Limited known as Maruti Udyog Limited having its registered office at plot NO.1, Nelson Mandela Road, Vasant Kunj, Delhi, Ex.R-1/1 – Dealership Agreement, Ex.R-1/2 – warranty policy, Ex.R/2 – warranty policy,, Ex.R1/3 – Vehicle History,, Ex.R1/4 – Minda D Ten India Pvt. Ltd. Go and See Report.
7. Admittedly, the complainant purchased a Maruti Baleno Delta Petrol car bearing NO. HR-05AZ1245 Chassis No. MA3EWB22SJL604694, Engine No. K12MN4489033 from Vipul Motors Pvt. Ltd. Fun City Mall, Ajronda Chowk, Faridabad Central, Main Delhi, Mathura Road, Faridabad on 21.12.2018. After 4-5 months of its purchase, the above said music system had gone out of order and was not in proper working condition. Lodging of several complaints to opposite party No.1 in this regard on dated 24.07.2019, 13.12.2019,, 17.12.2019, 18.12.2019 & 19.12.2019 Ipso facto go to prove that the music system in question had a manufacturing defect which was not removed by the opposite parties. As such, there was deficiency in service on the part of the opposite parties. Hence complaint is allowed.
8. Opposite parties Nos.1 to 4, jointly & severally, are directed to replace the music system in question with a new one, subject to return the old music system, within 30 (thirty) days from the date of receipt of this order to the complainant. There are no order as to costs. Copy of this order be given to the parties free of costs and file be consigned to record room.
Announced on: 19.12.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
