LAWS(NCD)-2001-6-24

MARUTI UDYOG LIMITED Vs. BHAWANA SABHARWAL AND OTHERS

Decided On June 01, 2001
MARUTI UDYOG LIMITED Appellant
V/S
Bhawana Sabharwal And Others Respondents

JUDGEMENT

(1.) Petitioner Maruti Udyog Ltd. was second respondent before District Consumer Disputes Redressal Forum - VI, New Delhi (District Forum) in a complaint filed by the first respondent herein. M/s. Classic Motors Limited, a dealer of Maruti Udyog Ltd., was the second respondent in that complaint. The complaint was regarding delay in supply of a motor-vehicle manufactured by the petitioner of which M/s. Classic Motors Limited, the second respondent now before us was the authorised dealer.

(2.) Complainant had booked a standard Maruti Car with Classic Motors on Aug. 17, 1994. She deposited Rs. 1,65,000 with Classic Motors. Complainant had booked the car before her marriage which car she wanted to use after her marriage. She was promised delivery within 8 months period. This was not done. Neither Maruti Udyog Ltd. nor the dealer--Classic Motors responded to her complaints for delivery of the car to her. She said that in fact, she made several personal visits as well. She got married and then she filed a complaint against Classic Motors and Maruti Udyog Ltd. being the dealer and manufacturer of the car. She complained that persons, who had booked the car after the date of her booking had been delivered cars. She complained unfair trade practise and also deficiency in service. She wanted delivery of the car with interest @ 24% per annum. She made other claims as well for expenses incurred by her towards telephone calls, personal visits and also for the mental agony and tension undergone by her.

(3.) District Forum by order dated 17.11.2000, directed the petitioner, Maruti Udyog Ltd. to refund to the complainant an amount of Rs. 1,65,000 along with interest @ 18% per annum w.e.f. 17.8.1994. Complainant was also awarded costs of Rs. 1,000. District Forum held that non-refund of the amount deposited by complainant constituted deficiency in service. It is also held that Classic Motors were not liable as its agency/ dealership had been terminated by Maruti Udyog Ltd. and the money was transferred to Maruti Udyog Ltd.