NCDRC

NCDRC

RP/3749/2007

MARUTI SUZUKI INDIA LTD - Complainant(s)

Versus

YOGESH KUMAR & ANR - Opp.Party(s)

MR. RAKESH AGARWAL

18 Jan 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3749 OF 2007
 
(Against the Order dated 11/10/2007 in Appeal No. 1079/2006 of the State Commission Rajasthan)
1. MARUTI SUZUKI INDIA LTD
11TH FLOOR, JEEVAN PRAKASH,
25, KASTURBA GANDHI MARG,
NEW DELHI - 110001
...........Petitioner(s)
Versus 
1. YOGESH KUMAR & ANR
R/O 242, CHANDRA BHAWAN, DADWADA,
KOTA JUNCTION,
KOTA
2. M/S. BHATIA & COMPANY
C - 16, BALLABH NAGAR,
KOTA,
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. RAKESH AGARWAL
For the Respondent :
Mr. Abhay Kumar Gupta, Advocate for R-1
With complainant in person
Mr. Virender, Advocate for R-2

Dated : 18 Jan 2012
ORDER

Opposite party no.2 which is the manufacturer has filed the present revision petition.

          Complainant/respondent no.1 purchased Maruti Zen car on 12.05.2004 from the agent of the petitioner (opposite party no.1 before the District Forum) for Rs.3,41,476/-.  Cooling system of the car was not working.  Complainant/respondent no.1 was assured that

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the cooling system shall start working after the car is driven for few kilometers but even after 400 kms. the system did not work.  According to the averments made in the complaint, engineers of the petitioner in spite of efforts made by them could not fix the problem.  Alleging manufacturing defect in the car, complaint was filed before the District Forum seeking replacement of the vehicle with a new vehicle and compensation.

          District Forum partly allowed the complaint and directed the petitioner and respondent no.2 to replace the defective cooling system with a new cooling system.  Rs.25,000/- were awarded by way of compensation and Rs.500/- as costs.  Besides this, Rs.3500/- were awarded to the complainant towards the amount spent by him for getting the cooling system inspected by technician.

          Petitioner as well as the respondent no.2 filed separate appeals before the State Commission which have been dismissed by the common order.

          During the pendency of the revision petition, this Commission appointed Director Malaviya National Institute of Technology, Jaipur


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to get the car inspected in connection with the cooling system and submit a report.  Inspection report was submitted.  On perusal of the inspection report, learned counsel appearing for the petitioner

submitted that the petitioner was ready to supply a complete new AC unit to the respondent no.1/complainant and pay the installation charges of the same or in the alternative to pay the price of the AC unit to which the complainant did not agreed.

          Counsel for the petitioner reiterates the offer made by him on 20.02.2009 either to supply and install a complete new AC unit in the complainant’s car or to pay the price of the AC unit.

          Counsel appearing for the respondent/complainant after taking instructions from the complainant, who is present in the court, states that the petitioner be directed to pay the price of the new AC unit which is installed by them in the Maruti Zen cars.

          In view of the statement made by the counsels for the parties, we direct the petitioner to pay the price of the new AC unit of the Maruti Zen to the complainant along with compensation of Rs.28,500/- awarded by the District Forum within a period of eight weeks from today failing which the petitioner shall become liable to

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pay interest at the rate of 9% per annum on the amount awarded from the date of passing of the order of the District Forum till payment.  There shall be no order as to costs.

 

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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