NISSAN MOTORS Vs. S. GIRI PRASAD

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the private complaint in C.C. No. 3704 of 2013 for the offence under Sections 499 and 500 of IPC, pending on the file of the XVIII Metropolitan Magistrate Court, Saidapet, Chennai.

(2.) The gist of the case is that the respondent is a practising Advocate at Madras High Court and hails from the Advocates family. The 2nd and 3rd petitioners are the Managing Director and Manager-Legal of the 1st petitioner's company. The respondent's wife bought a new Nissan Sunny Car in the 1st petitioner's company in her name and registered with number TN 01 5700. The respondent left the said car to the 1st petitioner's authorized dealer M/s. Jain Jubilant Cars (P) Ltd., for free service as well as for the change of defective left alloy wheel. After the delay of seven days on 06.10.2012 the respondent was called to take the vehicle as the service was done. When the respondent insisted for the service record, the 1st petitioner admitted that the service record is not available with the vehicle. Thereafter, the respondent took the vehicle without the complaints being attended by the 1st petitioner service centre. Dissatisfied with the 1st petitioner company is not rendering prompt service, the respondent asserted and expressed his consumer rights before the District Consumer Redressal Forum (South), Chennai.

(3.) When the respondent demanded compensation for the deficiency of service, AGM sent an E-Mail agreeing to pay compensation within a couple of days. Though the compensation was not paid, the spare part charges were collected for defective parts of the car. Hence the respondent's wife filed a complaint before the District Consumer Redressal Forum (South), Chennai in C.C. No. 301 of 2012 against the petitioners.