CONSUMER DISPUTES REDRESSAL FORUM, DISTRICT NORTH-EAST
D.C. OFFICE COMPLEX, NAND NAGRI, DELHI
No.113/2009
Sh.Birjesh Shukla,
r/o. B79 B, Gali no. 7,
Shiv Vihar, Phase-I,
Karawal Nagar
Delhi-94. : Complainant.
Versus
Maruti Suzuki India Pvt. Ltd.
Director/Chairman,
1st floor, Nelson Mandela Road,
Vasant Vihar, Delhi-70 : Opposite Party-1
M/s. T.R.Sawhney Motor Pvt.Ltd.
33 & 34, Harichand Mela Ram Complex,
East Gokulpur Main Wazirabad Road,
Delhi94 : Opposite Party-2
Shri U.C.Tiwari, President
Order
According to the complainant, he had purchased a second hand Maruti Wagon R car model no.2003 regn.no. DL8CQ 4000 Ch. No. MAEED 81500173258 Engine no. F10DN3042774 on 29.1.2009 of Rs. 1,80,000/- and paid Rs.12500/- to the OP no. 2 as an advance on 29.1.2009 through OP-2. A copy of payment / sale receipt no. 4213 is annexed as Annexure-1. At the time of purchase of above vehicle OP-2 had given an assurance to the complainant that the above vehicle is absolute fit, and there is no any kind of hidden technical defect because we are authorize seller of vehicle and authorized by maruti True Value and not concealing any information of the above vehicle to the complainant. But
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after the expiry of one week from purchase of the vehicle the vehicle was creating problem and engine was not proper working as feel by the complainant. The complainant immediately contacted the OP-2 and meet Mr. Manoj Manager, s they assured to the complainant that they will remove the problem of vehicle but they could not pay attention on the genuine problem of the complainant. That after 17.3.2009 the complainant lodged a complaint on poc @ maruti.co.in to the Op-1 a copy of complaint is annexed as Annexure-2. After this complaint a telephone call dated 18.3.2009 was received by the complainant from Mr. Manoj of OP-2 and he was stating to the complainant came alongwith vehicle on next day, when next day on 19.3.2009 the complainant reached at 10.15 am to OP-2, and contacted Shri Manoj due to complaint to OP-1 Manoj use abusive language to the complainant and threaten to complainant if he will lodge again complaint against him then he will killed him and fact consequences. At the time of purchase the above said vehicle then OP-2 had issued a Maruti True Value Certificate bearing no. A000179349 in the certificate the odometer reading at the time of delivery of vehicle to the complainant is 48917 kms. Which was certified by Maruti Suzuki Engineer namely Arvind Ranjan. A copy of certificate is annexed at Annexure-3. When the complainant trace out the back service record of the above said vehicle then found that the above said vehicle was done service on 8.1.2006 at TR Swahney motors pvt. Ltd. Wazirabad Road service station vide job card no. JC 05000727 bill no. BC 05000545 through service advisor and mechanic namely Qutubuddin Group name B, at that time on 8.1.2006 the milage was 57933 kilometer hence it is the OP-2 who had tempered the milage meter through showing milage 48917 on 29.1.2009 a copy of job card is annexed as Annexure-4. The above said vehicle was insured by the IFFCO Tokio General Insurance Company Ltd. for the period 9.4.2008 to mid night 8.4.2009 by total sum insured of Rs.140000/-. But when the vehicle was sold to the complainant then the vehicle was again insured by the Maruti Insurance
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through TR Sawhney Motors pvt. Ltd. call renewal by Mr. Kishore on behalf of the New India Insurance Co. at without expiry of insurance policy on extra prior valuation of Rs.152750/- for the period of 7.2.2009 to mid night of 6.2.2010 a copy of both policy is annexed as Annexure-5 and 6. Thus this defective services given by the OP-1 and OP-2 which is clearly showing the inferior quality only just want to cheat the complainant with common intention of OP-1 and Op-2. Thus OPs are most negligent in conducting the provide services to the complainant and their only motive is to earn money by hook or crook which shows the deficiency in services and sold defective vehicle through OP-1 & 2. As such the complainant has filed the present complaint against the OPs and prayed for the claim of Rs.4,70,000/- against OP-1 and OP-2 @24% interest p.a. till the realization of the amount etc.
On filing of the complaint, notices were issued to both the OPs for 13.8.2009 thorough dispatch no. 535 dtd. 16.5.2009 and 534 dtd. 16.5.2009. But non appeared to contest the case. Hence the case proceeded ex parte against them on 24.11.2009. Though OP-2 appeared on 13.8.2009 and received the copy of complaint and again asked time to file W.S. on 15.10.2009 which was allowed on the cost of Rs.100/-. But he never appeared nor filed the WS hence case was proceeded ex parte on 24.11.2009.
Complainant has filed his ex parte evidence in affidavit in support of his case.
We have heard the arguments of the complainant and gone through the records carefully. The record shows that affidavit as well as documents filed by the complainant are not controverted by anybody hence there is reason to believe the version of the affidavit as well as documents filed by the
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complainant. As such, there is some force in the complaint which shows that OP-1 and OP-2 have put the complainant in dark and concealed the material facts regarding the fitness of the vehicle in question as well as milage covered by vehicle in question.
Thus we direct the OP-1 and OP-2 jointly or severely to pay to the complainant Rs.15,000/- compensation for insurance as well as his physical and mental harassment alongwith Rs.2000/- cost of litigation.
The OP shall comply with the above order within 30 days of receipt.
Announced ______ day of __________________, 2009.
(U.C.Tiwari) (Asha Kumar)
President Member
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