JAY MALHOTRA Vs. MARUTI UDYOG LTD

JUDGEMENT

(1.) Complainant is the petitioner before us. He complained about deficiency in service in respect of his Maruti Zen car which he purchased from the second respondent Vikas Motors Ltd. which was manufactured by the first respondent Maruti Udyog Ltd. District Forum did not find any defects in the car, but because of complainant's visit to the workshop, it awarded to the complaint Rs. 2,000/- by way of expenses and also cost of Rs. 1,500/-.

(2.) Car was purchased by the complainant on 17.5.1997 at a cost of over Rs. 3.56 lakhs. His complaint that air-conditioner was not working and that car was consuming one litre of petrol for 12 kilometres, pick-up was not proper and that the engine was giving unwanted noise. Complainant sought replacement of the car or refund of the price paid, reimbursement of expenses of Rs. 5,000/- and compensation of Rs. 50,000/-. District Forum observed that complainant had extensive use of the car for seven months and had run 13,298 kms. which was @ 2000 kms. per month or 65 kms. per day. District Forum was thus of the view that it was not a case for replacement of the car or even refund of the price paid by the complainant. Against the order of the District Forum complainant went in appeal to the State Commission which affirmed the order of the District Forum and dismissed the appeal.

(3.) Still feeling aggrieved, complainant has filed this petition. There is hardly any jurisdictional error by the Forum below for this Commission to exercise its jurisdiction under Clause (b) of Section 21 of the Act. However, still this Commision directed that the car of the complainant be again checked by taking test drive and that the result may be known to the Commission. The car was tested in terms of the order of this Commision and a test report has been brought on record by the manufacturer Maruti Udyog Ltd. which we extract as under : "The vehicle was road tested without any prior checking and adjustments. The customer did not allow checking of cleanliness of air cleaner element, tyre inflation, tuning, etc. prior to the road test. Fuel consumption was checked to Tank full with air conditioner on throughout. Distance Covered : 38.2 kms. Petrol Consumed : 2.25 lts. Fuel Consumption : 16.75 km/lit with A/c on Total No. of traffic signal stoppages : 12 Engine was not switched off in 11 traffic signals. Route : Karampura Petrol Pump-Shadipur-Todapur-Ridge Road-Ring Road - Naraina and back to Karampura Petrol Pump in the same route. After fuel consumption test, Air cleaner element was checked and found dirty and cleaned. Tyre inflation pressure in right front wheel was found 2psi less than the specified value. In this view of the matter it is difficult for us to take view different from the District Forum and that affirmed by the State Commission. This petition is, therefore, dismissed. Revision Petition dismissed.