MERCEDES- BENZ INDIA PRIVATE LIMITED Vs. PRINCE BANSAL

JUDGEMENT

(1.) The complainant/respondent no.1 purchased a Mercedes CDI-220 car manufactured by the appellant, from its ealer M/s Joshi Auto Zone Pvt. Ltd., for a consideration of Rs.37 lacs, on 17.09.2015. The case of the complainant is that within a few days of its purchase, the car started creating noise when it had run only 1424 kms. The vehicle was inspected by the dealer and shockers were replaced. The car was again taken to the workshop on 25.11.2015, on noticing sounds coming from its doors and some adjustments were done. The sunroof of the car was also adjusted when noise from the cabin was noticed. There was also a cut found on the front tyre which was replaced on 24.12.2015 when the car had run 4140 kms. Again, there was noise from the cabin of the vehicle and the sunroof had to be adjusted again. The vehicle again gave problem when it had run 7961 kms and seal frames of the doors as well as the sunroof were replaced. Thereafter, the doors and bidding had to be adjusted on 16.03.2016 when the vehicle had run 7971 kms.

(2.) Faced with persistent problems with the car, the complainant got the same inspected from Grace Automotives who gave an inspection report dated 23.04.2016 opining that there seemed to be an inherent manufacturing defect in the vehicle which the manufacturer was unable to locate and rectify. Being aggrieved, the complainant approached the concerned District Forum by way of a consumer complaint seeking replacement of the car or in the alternative, refund of the amount he had paid for the purchase of the car alongwith compensation etc.

(3.) The complaint was resisted by the appellant which admitted that the vehicle carried a warranty of three years from the date of registration/sale. The case of the appellant was that during the warranty period, its liability was limited to repair/replacement of the defective parts which it had done as and when reported by the complainant.