LAWS(NCD)-2004-7-329

ALI AHMAD FAROOQUI Vs. MARUTI SUZUKI INDUSTRIES LTD

Decided On July 29, 2004
ALI AHMAD FAROOQUI Appellant
V/S
Maruti Suzuki Industries Ltd Respondents

JUDGEMENT

(1.) Dr. Ali Ahmad Farooqui has filed the complaint claiming Rs. , 19,10,000/- as compensation arising out of an alleged incident which happened on 9.5.2002 which is said to have caused damage to the vehicle and mental agony to the complainant.

(2.) Bereft of the available details, relevant facts are that the complainant purchased a Maruti Omini E on 3.1.2002 from K. T. L. Limited, Lucknow for Rs.2,31,902/- in which Rs.1,06,500/- were financed by Standard Chartered Bank. The said vehicle was registered in the name of the complainant with registration No. UP 32-AM/186 and is said to have warranty for a period of 24 months. On 9.5.2002 the vehicle got suddenly turned towards roadside and accidented itself injuring the complainant and other passengers of the family of the complainant. On 10.5.2002 an F. I. R. is said to have been lodged at Police Station Dhammaur, Distt. Sultanpur. The vehicle had run only about 846 kms. and according to the complainant it was a case of steering failure which he terms as manufacturing defect. The vehicle is said to have been insured with New India Assurance Company Limited and was being driven by the complainant who was having licence. It is further said that the vehicle was taken the K. T. L. Limited which assessed the estimated expenditure as job estimate. In spite of complaint to the Insurance Company, no Surveyor was appointed and the claim which was preferred by the complainant was not honoured.

(3.) On entertaining the complaint, notices were issued to the opposite parties. The reply filed as written statement on behalf of General Manager, Maruti Suzuki Industries Ltd. , opposite party No.1 and its Regional Manager, opposite party No.2 avers that there was no manufacturing defect. K. T. L. Limited has also followed suit and alleges that accident was caused by other circumstances and there was no manufacturing defect.