ARUN TANDON Vs. MARUTI SUZUKI INDIA LTD.

JUDGEMENT

(1.) This petition by the petitioner filed under Article 226 of the Constitution of India seeks to challenge an order and judgment dtd. 12/3/2024, passed by J&K State Consumer Disputes Redressal Commission, Jammu, ("the Commission"), in appeal titled "Maruti Suzuki India Limited v. Arun Tandon and others".

(2.) Briefly stated, the facts leading to the filing of this petition are that the petitioner No. 1 purchased a Maruti Swift VDI car from Maruti Suzuki India Limited through M/S Peaks Auto Private Limited on 8/8/2014. The car was delivered to the petitioner with a warranty of two years or 40,000 kms, whichever was earlier. It is alleged that during the warranty period, the car developed some snag in its horn and started giving trouble. The vehicle was taken by the petitioner to the workshop of respondent No. 2-Jammu Motors Private Limited for removal of the defect. Initially, the Jammu Motors diagnosed the defect in the battery. Effort was made to make it functional by recharging it, however, the fault persisted even after recharging of the battery. The petitioner then took his vehicle to respondent No. 3- Peaks Auto Private Limited on 6/6/2016, where the filter of the vehicle was changed, but still the defect could not be removed. On 23/7/2016, the petitioner again approached the workshop of Jammu Motors, but despite efforts made, the defect could not be removed. 2. Having faced with the persistent problem in the vehicle and inability of the respondents to remove the defect, the petitioner lodged a complaint before the District Forum Jammu on 6/8/2016. The District Forum, having considered the grievance of the petitioner and the stand taken by the respondents, came to the conclusion that it was a fit case where the vehicle deserved to be replaced or direction needs to be issued to pay the cost of the vehicle.

(3.) The District Forum passed the order accordingly and also directed payment of Rs.10,000.00 as compensation for harassment and mental agony along with Rs.5,000.00 towards litigation expenses.