EM PEE MOTORS LTD Vs. RAMESH KUMAR BAMAL

JUDGEMENT

(1.) The complainant who is also the petitioner in Revision Petitions Nos.3980-3981 of 201 purchased a Toyota Itios car on 10-03-2011, for a total consideration of Rs.5,48,485/-. According to the complainant, since very beginning the vehicle was giving mileage of 13 kms per litre without air conditioner and 11 kms per litre with air conditioner as against the assurance/claim of 17.57 kms per litre given by the opposite parties i.e. the manufacturer of the vehicle Toyota Motors and the seller Em Pee Motors Ltd.. According to the complainant he had also brought it to the notice of the workshop of Em Pee Motors Ltd. that the vehicle was giving mileage of 13 kms per litre and was assured that the fuel consumption would improve but later on there was no improvement in the mileage. Being aggrieved the complainant approached the concerned District Forum seeking the following reliefs:

(2.) The complaint was resisted by the manufacturer of the vehicle Toyota Motors, alleging therein that the fuel economy as indicated in the brochure, was average of mileage obtained under ideal test conditions and depended upon several factors such as roads, aggressive driving habits, speeding or rapid acceleration and braking, over speeding, excessive idling, not keeping the tyres at recommended pressure or not using the recommended grade of motor oil, running improperly maintained vehicle, cold weather conditions, driving with heavy loads, etc.. It was also stated in the reply that the information as regards mileage was based upon the results of the test carried out under Rule 115 of the Central Motor Vehicle Rules.

(3.) During the pendency of the complaint the vehicle purchased by the complainant was tested by Punjab Engineering College, Chandigarh on the direction of the District Forum and vide its report dated 02-08-2013 the aforesaid institute reported that the vehicle was giving average of 10.69 kms with air conditioner and 12.13 kms without air conditioner in 1 litre of petrol. The committee which gave the said report did not find any manufacturing defect in the vehicle.