Delhi

StateCommission

FA/12/818

MNARUTI SUZUKI INDIA LTD. - Complainant(s)

Versus

RAJIV SHARMA - Opp.Party(s)

22 Apr 2016

ORDER

IN THE STATE COMMISSION: DELHI

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

                                                             Date of Decision: 22.04.2016

First Appeal No. 818/2012

(Arising out of the order dated 08.08.2012 passed in complaint case No. 1674/2005 by the District Consumer Disputes Redressal Forum-VI, M-Block, Ist Floor, Vikas Bhawan, I.P.Estate, New Delhi-110001)

In the matter of:

Maruti Suzuki India Ltd.

(Formerly known As Maruti Udyog Ltd.)
Plot No. 1, Nelson Mandela Road

Vasant Kunj

New Delhi-110070                                                     .........Appellant

 

Versus

 

1. Rajiv Sharma

R/o B-5/192, DDA,

SFS Flats

Sector-8, Rohini

•  

 

2. M/s D.D.Motors

Wazirpur Industrial Area

Behind Punjab Kesari Press

Ring Road, Delhi                                                   ..........Respondents

                                                                  

CORAM

 

N P KAUSHIK                         -                  Member (Judicial)

 

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

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

 

 

N P KAUSHIK – MEMBER (JUDICIAL)

 

JUDGEMENT

1.         Present appeal is directed against the orders dated 08.08.2012 passed by the Ld. District Forum VI, New Delhi. Complainant/respondent filed the complaint alleging that Maruti Zen LX purchased by him on 20.05.2004 was giving mileage of 10.2 km/lt. whereas in its advertisement appellant/OP Maruti Suzuki India Ltd. had claimed the mileage 16.7 km/lt.
2.         Defence raised by M/s Maruti Suzuki India Ltd. (OP-1) in the District Forum was that the claim of the mileage of 16.7 km/lt. is based on the information published by Auto Car India, 2004 issue. In other words, OP-1 washed its hands off from the alleged claim of the mileage 16.7 km/lt.
3.         Ld. District Forum in its orders which are impugned observed that the advertisement floated by Maruti Suzuki India Ltd. highlighted mileage efficiency simply to promote sales. The fine print showing source of Auto Car India study is simply deceptive. Print was so small that it was not readable. Maruti Suzuki India Ltd. has thus adopted the ‘mileage’ to its advantage and without clarifying to the customers that it had not vouchsafed the accuracy.
4.         I have heard the arguments addressed by the counsel for the appellant Sh. Vipin Singhania Advocate and the counsel for the respondent Sh. T.K.Tiwari Advocate, at length.
5.         Perusal of the appeal preferred by the appellant Maruti Suzuki India Ltd. shows that the same has been filed mainly on the grounds that there was no proof of allegations as putforth by the complainant. No expert opinion was relied upon by the complainant. Likewise no test report from any laboratory or workshop was placed on record.
6.         Next contention of the appellant herein is that the advertisement in question appeared almost six months after the sale of the vehicle in question.
7.         Coming to the first objection raised by the appellant, the appellant in its letter dated August 2004 admitted that as per feedback received by them from their customers, the fuel consumption was 12 to 15 km/lt, in normal driving conditions (with equal mix of city and highway driving with A/C on). Stand taken by the appellant in its letter dated August 2004 is an admission to the effect that the claim of mileage of 16.7 km/lt. was false.
8.         Vehicle was admittedly purchased on 20.05.2014. The advertisement in question though appeared in the newspaper issue after a period of six months of the purchase i.e. on 20.10.2004 but it relates to the study by the Auto Car India in April 2004. In other words, the claim of mileage of 16.7 km/lt. was made to the public at large prior to the purchase in question. On both these grounds, the appeal is devoid of merits. Before parting it may be mentioned here that Maruti Suzuki India Ltd. in its advertisement got printed the relevant lines in a very fine print. On the contrary the claim of 16.7 km/lt. in respect of mileage is given in a bold print. To the reader it gives an impression that it is the Maruti Suzuki India Ltd. alone making the aforesaid claim. Appeal is, therefore, dismissed.
9.         Copy of the orders be made available to the parties free of costs as per rules and thereafter the file be consigned to Records.
10. FDR, if any, deposited by the appellant be released as per rules.

 

(N P KAUSHIK)
MEMBER (JUDICIAL)

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