MARUTI UDYOG LIMITED Vs. ANSI D SILVA

JUDGEMENT

(1.) ANSI D. Silva filed a complaint with the District Forum Kozhikode stating that he has purchased one Maruti Zen car as per invoice dated 27. 4. 1998 by paying an amount of Rs. 3,69,935. As per the sales certificate issued by Popular Vehicles and Services Ltd. , dealer of the Maruti Udyog Ltd. , the unladen weight of the Maruti Zen car was shown as 730 kg. Accordingly the complainant had paid one-time life tax to the tune of Rs. 14,000. The complainant received a demand notice from the Regional Transport Officer directing him to remit the balance amount of Rs. 4,800 towards tax, stating that the actual unladen weight of Maruti Zen car was 755 kgs.

(2.) AGGRIEVED by this notice he filed a complaint in the District Forum seeking refund of this amount and compensation of Rs. 10,000 towards damages towards unfair trade practice and deficiency in service by the opposite parties, the dealer and the manufacturer. This complaint was contested by Maruti Udyog, which stated that the unladen weight of the Maruti Zen sold to the complainant in April 1998 was actually 730 kgs. However, later on as per the directions of the Supreme Court dated 29. 4. 1999 Maruti Udyog started producing Maruti Zen Euro - 1, Euro -2 models of the car with the unladen weight of 755 kgs. and 765 kgs. respectively. Copies of the specification of all models were circulated by the Commissioner (Transport) to all Regional Transport Authorities for the purpose of registration

(3.) THE District Forum after hearing the parties held that there was unfair trade practice on behalf of the opposite parties and directed them to pay Rs. 3,000 as compensation to the complainant along with the cost of Rs. 2,000.