MARUTI UDYOG Vs. VIKAS VINAYAK

JUDGEMENT

(1.) This appeal has been filed against the order of District Consumer Disputes Redressal Forum-II, U. T. Chandigarh (for short, hereinafter, to be referred as District Forum-II), dated 1.5.2003 in Complaint Case No.1055 of 1999, Mr. Vikas Vinayak V/s. M/s. Maruti Udyog Ltd. and Anr.

(2.) Essentials of the complaint are that the complainant purchased a Maruti Car for Rs.2,03,000/- on 7.12.1998 from M/s. Joshi Auto Zone Pvt. Limited, Chandigarh (O. P. No.2 ). The car is manfuactured by M/s. Maruti Udyog Limited (O. P. No.1 ). O. P. No.2 is the authorised dealer of O. P. No.1. The car carried a warranty for a period of 12 months from the date of delivery for unlimited mileage. On 6.1.1999 the complainant took the car to workshop of O. P. No.2 as he noted that the self starter was slipping and there were sounds from various sides of the car. On this date first free service was done and repairs to left front door were carried out. However, the self starter was not repaired for which the complainant was asked to bring the car again on another day. The complainant returned dissatisfied and till 12.2.1999 i. e. the date of second free service he was put off on one pretext or the other regarding repairs to the self starter. Inspite of the complainant repeating his complaint about self starter it was not repaired and only service was done, but after this service the car started producing another noise. So the car was again taken to O. P. No.2 on 13.2.1999 and whole set of wire of speedometer had to be changed being defective. Repairs done to the left side door on 6.1.1999 also proved unsatisfactory and the complainant had to again take his car to O. P. No.2 on 3.5.1992 for repairing this door as well as some gear work. Third free service was done on 29.6.1999 but even till then the repairs to self starter was not done. On 12.7.1999, O. P. No.2 attended to the defect in the self starter and found that the fly wheel of the starter was damaged. The fly-wheel was changed and for doing this the engine had to be dismounted and remounted. However, the problem with the self starter still remained. So again on 14th July, 1999 the car was taken to O. P. No.2 but he was told that newly fitted fly-wheel will adjust itself in 2-3 days. But again on 17.7.1999 the problem persisted. He was directed to go to M/s. Shubh Enterprises, Mani Majra, Chandigarh. O. P. No.2 gave the complainant a letter saying that there was starting problem even after replacing the fly-wheel and that should be rectified. The complainant went to M/s. Shubh Enterprises on 19.7.1999 and 20.7.1999 but the car was not attended to as their mechanic was not available. On the complainant ringing up O. P. No.2 about M/s. Shubh Enterprises not attending to the car, he was asked to bring the car to the workshop of O. P. No.2 by Mr. Inderjit Garg (Works Manager) of O. P. No.2. On 21.7.1999 the defect of the Self Bendex was detected and the same was rectified. On 3.8.1999 the complainant complained to O. P. No.2 that mattress of the car used to remain wet during rainy season or when the car was washed, however, he was asked to come on 4.8.1999. On 4.8.1999 the car was taken to the workshop for this defect i. e. water leakage and low pickup and the same was entered in the job card. While checking for water leakage it was found that there was a visible hole in car chassis. Sh. Inderjit Garg, Works Manager of O. P. No.2 honestly admitted that the hole in the chassis is a manufacturing defect. He told the complainant that he would apply M. Seal to the hole for which the complainant will have to pay. The complainant requested that application of M. Seal be recorded on the invoice, however, Sh. Inderjit Garg refused to oblige. The complainant met Sh. Rajeshwar S. Bal, General Manager of O. P. No.2 and sensed something fishy and immediately got the two copies of job order No.0028671, dated 4.8.1999 xeroxed. In the meantime the receptionist asked the complainant to return the Job Card which he did but retained the xeroxed copies. The complainant and the General Manager of O. P. No.2 personally saw the car. The General Manager told the complainant that it was a petty defect and would be rectified by application of M. Seal but the complainant's request to endorse this repair in the invoice was refused by the General Manager, too. The complainant did not permit use of M. Seal to block the hole. The complainant was then forced to sign that he had received the car in good condition with respect of everything and was only then given the keys of the car. The complainant wanted to sell the car but he was told that due to the dismounting and remounting of the engine the value of the car depreciated by 20% and there was depreciation of another 20% due to hole in the chassis. The complainant served a legal notice to O. P. No.2, but since the O. Ps. failed to remove the defects in the car there was deficiency in service and the manufacturing defect was not removed by O. P. No.1, the complainant filed this complaint praying for the following reliefs : (a) Refund of value of the car i. e. Rs.2,03,000/- with interest @ 18% per annum from 7.12.1998 till payment and take back the car. or (b) Exchange the car with a new one. or (c) Sell the car with present defects and pay the price fetched plus the difference in purchase price of Rs.2,03,000/- alongwith interest @ 18% per annum. or (i) Pay Rs.40,000/- for causing 20% depreciation to the value of the car by dismounting and remounting of engine while repairing self starter. (ii) Pay Rs.40,000/- for further depreciation in the value of the car due to hole in the chassis above the left wheel of the car. (iii)Pay Rs.3,000/- for petrol consumed for various visits to O. P. No.2. (iv) Pay Rs.5,000/- paid as travelling charges by bus/auto. (v) Pay Rs.20,000/- for mental agony and harassment.

(3.) The O. P. 's. version is that there was no defect in the car related to the door of the car and also of self starter till the final free service of the car done on 29.6.1999. However, it is admitted that on 13.2.1999 cable accessory of the speedometer was changed under the warranty condition free of charge. It is denied that there is any hole in the chassis of the car or that Sh. Inderjit Garg made any statement that there was a hole in the chassis of the car. Regarding self starter it is stated that this defect was attended to by O. P. No.2 at its workshop on 12.7.1999 when the fly wheel of the starter was changed. The complainant was referred to M/s. Shubh Enterprises only to satisfy the complainant through a third agency, but the complainant never went to M/s. Shubh Enterprises. On 21.7.1999 just to satisfy the complainant again the self starter was attended to efficiently. It has been stated that changing of fly wheel is a 10 minutes job and does not involve removing the engine and it has been reiterated that the engine was never removed while doing any job at the workshop of O. P. No.2.