DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No. 24/18
Gurvinder Singh
S/o Shri Jaswant Singh
R/o-252 H, Behind Kailash Plaza
Sant Nagar, East of Kailash,
New Delhi. …Complainant
VERSUS
T.R. Sawhney Motors Pvt. Ltd.
Through its General Manager
E-260, Amar Colony, Lajpat Nagar-IV
New Delhi.
Maruti Suzuki India Limited
Through its Director
Regd. Off. – Plot No.1, Nelson Mandela Road
Vasant Kunj, New Delhi. ….Opposite Parties
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Date of Institution :30.01.2018
Date of Order :16.12.2022
Monika Srivastava, President:
The complainant has filed the present complaint seeking extension of warranty of Maruti Wagon R VXI chassis no. A06826 and registration no. DL 3 CCK 8141 and correction of RC mentioning CNG. In the alternative, the complainant is praying for a sum of Rs. 5,00,000/- along with interest at the rate of 24% from the date of the complaint till its realization. OP 1 is the dealer whereas OP 2 is the manufacturer.
- It is stated by the complainant that he purchased a Wagon R VXI of Maruti Suzuki company i.e OP 2 which had been booked with OP 1 on 07.02.2016.
- It is stated that OP 1 had offered to get CNG fitted in the said car and for CNG fitting amount of Rs.51,000/- was charged from the complainant. Annexure C1 records the payment being made towards CNG fitting.
- It is further stated that the complainant had made total amount of Rs.5, 10,000 i.e Rs. 4,55,000/- as cost of vehicle with 2 year extended warranty and Rs. 55,000/- as cost of CNG fitting with full warranty. True copies of the payment receipts are annexed as Annexure C2.
- It is the case of the complainant that he took the delivery of the car on 11.02.2016 and received the invoice cum certificate of extended warranty on 09.02.2016 and RC bearing DL 3CK 8241 however, it did not mention CNG.
- It is stated by the complainant that he approached OP 1 and enquired about the non-endorsement of CNG in RC but could not get a satisfactory reply. In this regard, he had also sent emails dated 18.04.2016 and 27.04.2016 which are Annexure P4.
- It is stated by the complainant that vide letter annexed as Annexure P5 OP 1 intimated him stating that “warranty of Maruti vehicles will not continue if any outside fitment like CNG accessories or any other parts/ objects harm the vehicle directly or indirectly”.
- It is the case of the complainant that it was only on the assurance of OP 1 that the complainant got CNG kit fitted by OP 1 and for which he paid Rs 55,000/- but the same has not been endorsed on the RC which is clear deficiency in service on the part of OP 1.
- It is further stated by the complainant that it is the duty of the OP 1 to provide smooth services to the satisfaction of the complainant and that the OP 1 has been negligent in not getting the CNG endorsed on the RC from the day when it was brought to the knowledge of the complainant.
- It is stated by the complainant that he is suffering mentally and physically on account of the deficiency in service on the part of the OP 1 as despite several requests/reminders and personal visits, OP 1 have not bothered to take any action in this regard.
OPs were proceeded ex parte vide order dated 17.11.2018.
The complainant has filed his ex parte evidence as well as written arguments.
This Commission has gone through the documents on record as well as heard the oral arguments advanced by the complainant. It is seen that the complainant received the RC on 29.02.2016 and approached OP 1 to ensure that the warranty be provided/extended since in this case the CNG kit is fitted by the OP1. To this extent the Complainant has written emails on 18.04.2016 and 27.04.2016. The said mail states that the staff (names mentioned) at the time of purchase had assured the complainant that in case the CNG is fitted by them then the same would be covered in warranty however, it was found that the CNG kit was procured from Robin ecomotors and the same has not been endorsed either in the warranty or in the RC.
In their response to this, an undated evasive letter has been sent by the OP 1which says that warranty of the Maruti vehicle will not continue in case there is an outside fitment including CNG but have not denied other averments made by the complainant including CNG fitment by Robin ecomotors. The booking form dated 07.02.2016 entails a payment being recorded for a sum of Rs. 55,000/- for CNG but it has not been recorded in the final bill issued by OP 1. There is a discrepancy in the final bill as it records a payment of Rs.4,55,000/- whereas the break up amounts to less amount. It is apparent that the OP 1 has collected a sum of Rs. 4,55,000/-from the complainant and by virtue of booking form dated 07.02.2016 given detailing of Rs.55,000/- for CNG fitment.
This Commission is of the view that the OP 1 has indulged in unfair trade practice by assuring the complainant that the CNG kit fitted by them would be covered within warranty provided by OP2. Despite notice, the OPs have not come forward to contradict the averments made by the complainant.
Therefore, OP1 is directed to pay a sum of Rs. 50,000/- to the complainant as compensation within two months from the date of receipt of this order failing which the OP would be liable to pay an interest at the rate of 5% per annum on the said sum to the complainant till realisation. This payment is to be made by OP1 as OP 2 to has no role to play.
Copy of the order be provided to the parties as per rules. File be consigned to the record room. Order be uploaded on the website.
