LAWS(NCD)-2015-9-206

SADANAND BHOJRAJ ADYANTHAYA Vs. CHAIRMAN, MARUTI SUZUKI INDIA LTD & 4 ORS ; MANAGING DIRECTOR & CEO MARUTHI SUZUKI INDIA LTD ; MANAGING DIRECTOR & DIRECTOR SAI SERVICE STATION LTD ; MANAGER, SAI SERVICE STATION LTD ; MANAGER, MARUTHI SUZUKI INDIA LTD

Decided On September 07, 2015
Sadanand Bhojraj Adyanthaya Appellant
V/S
Chairman, Maruti Suzuki India Ltd And 4 Ors ; Managing Director And Ceo Maruthi Suzuki India Ltd ; Managing Director And Director Sai Service Station Ltd ; Manager, Sai Service Station Ltd ; Manager, Maruthi Suzuki India Ltd Respondents

JUDGEMENT

(1.) The petitioner/complainant purchased a Maruti Suzuki Ritz Car manufactured by Maruti Suzuki India Ltd. on 28.07.2009. The case of the complainant is that he had come across an advertisement in newspaper declaring that the car gives an average of 17.7 kms per liter in petrol. The car was purchased from the dealer of the Maruti Suzuki India Ltd. namely Sai Service Station Ltd. Alleging that the average given by the car was about 10-11 kms per liter, the complainant approached the concerned District Forum seeking repayment of the price paid by him for purchasing the car along with compensation and costs etc., all quantified at Rs. 16,82,432/-.

(2.) The complaint was filed against the Chairman and Managing Director & CEO of Maruti Suzuki India Ltd. along with the Managing Director and Manager of Sai Service Station Ltd. who were impleaded as the opposite parties. Neither Maruti Suzuki India Ltd. nor Sai Service Station Ltd. both of which are the companies under registered the Companies Act was impleaded as a party to the complaint. The OP No.1, 2 & 5 i.e. Chairman, Managing Director & CEO and Manager of Maruti Suzuki India Ltd. filed their written version, claiming therein that there was no deficiency in service rendered to the complainant and the company had not authenticated the average given by the vehicle, since it depends on number of factors including driving habits and driving conditions. It was also stated in the reply that in a test carried out on 06.03.2010, the vehicle had given average of 18 kms per liter.

(3.) Vide its order dated 10.04.2013, the District Forum directed the respondents to pay a sum Rs.90,000/- as compensation and costs to the complainant.