Maruti dealer ordered to give a new car to the purchaser in lieu of defective car.
The complainant had booked Maruti Swift Dzire ZXI car with an authorized dealer of Maruti cars. The complainant had paid Rs.40,000/- by cheque on 29/01/2009 at the time of said booking. On 23/02/2009, when complainant visited the showroom of the dealer for selection of car accessories and for making further payment, he was shown another car model of Maruti i.e. SX4 ZXI of which complainant took a test drive and decided to purchase said car i.e. SX4 ZXI instead of Swift Dzire. Complainant had paid entire consideration of Rs.7,80,000/- for the same to the dealer and he was assured that the car was new and manufactured in the current year.
But on 07/03/2009, when the complainant went to the showroom of the dealer for taking delivery he found that colour of car was faded, plastic/rubber covering was looking old, car was having 4-5 scratches and it was looking old. Therefore, complainant complained to the Sales Executive about condition of the car, but no satisfactory answers to the queries were given by the Sales Executive.
Complaint before District Consumer Forum
The complainant was insisting for delivering him a new car manufactured in the year 2009 or for refund of consideration but the dealer or Maruti did not give any response and as such complainant filed a complaint against the dealer and manufacturer before the Learned District Forum claiming price of the car i.e. Rs.7,80,000/- along with interest and compensation.
The District Forum partly allowing the complaint filed by the complainant directing the dealer to remove all the superficial defects in the vehicle as mentioned by the complainant and also directed the dealer to pay amount of Rs.10,000/- to the complainant towards compensation for mental agony and cost of litigation. The complaint against Maruti, the manufacturer was dismissed.
Appeal before the Maharashtra State Consumer Commission
The Complainant preferred appeal before the Maharashtra State Consumer Commission.
The Commission held as follows:
“ As regards, the order of removing superficial defects, we find that when the complainant has paid entire consideration of said vehicle for brand new Maruti car, it was reasonably expected by him from the dealer i.e. that he should provide to the complainant with a brand new car without any defect-superficial or otherwise. If the dealer would have provided the complainant the said car in brand new condition without any defects mentioned above, there was no reason for the complainant for not accepting the said car after paying entire cost of the vehicle.
” We do not find any reason for him not to take delivery of the car if it would have been in proper condition of a new brand car. This itself is enough and sufficient to establish that said car was not appearing like a new brand car and there were defects appearing on the face of it as pointed out by the complainant at the time of the said delivery.
“ In this situation, we find that when the consumer has paid the entire purchase cost to the dealer, he rightly expected to get a brand new car from the dealer which should appear also to be as such. However, over a period of time as the said vehicle cannot be expected to be in the condition of brand new car, we find that only removing superficial defects of the car as ordered by the Learned District Forum will not suffice and will not give justice to the complainant.
( The State Commission differentiated this case from two decisions of the National Consumer commission. Decision in First Appeal Nos.303 & 304 of 1993 decided on 06/11/1995 reported in I (1996) CPJ 182 NC and decision in First Appeal Nos.132 & 260 of 1993 decided on 17/05/1995 reported in II (1995) CPJ 187 (NC)).
“ In the light of above discussion, we are of the opinion that as the dealer has failed to deliver the vehicle in a brand new condition without any defect superficial or otherwise in spite of receiving entire amount of purchase price, it will be just and proper to direct the dealer to refund the amount paid by the complainant along with interest. The order of the Learned District Forum needs to be modified accordingly. Hence, we pass the following order :-
- Appeal is partly allowed.
- The Dealer is directed to provide the appellant-original complainant with alternate car in a brand new condition or in the alternative to refund the amount paid by the complainant of Rs.7,80,000/- (Rupees Seven Lakhs Eighty Thousand only) along with interest @ 9% p.a. from the date of alleged delivery till the date of realisation.
- Compenstation ordered by the Learned District Forum regarding the amount of compensation for physical and mental agony and costs of litigation of Rs.10,000/- (Rupees Ten Thousand only) is maintained.
Note: In this case, the Complainant had not taken delivery of the car from the showroom.
BEFORE THE HON’BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI
BEFORE: Justice A.P. Bhangale PRESIDENT A. K. Zade MEMBER
Appeal No. A/14/714 decided on 9 th October 2017
Mr.Umesh Desai Versus 1. Maruti Suzuki India Ltd. and 2. Jay Vijay Motors Pvt. Ltd.