Ref : E&R/NSJAIN.5/Press/2005/JSD

Forum Directs Maruti to Repair or Replace Car

The Consumer Disputes Redressal Forum, Ahmedabad City, has ordered Maruti Udyog and Kataria Automobiles to repair and rectify the defects in Narendra S. Jain’s Maruti car or if they were unable to do so, to replace the vehicle in 30 days. Consumer Education and Research Society (CERS) and Jain filed the complaint in the Forum.

Jain had purchased a Maruti car from Kataria Automobiles on 7 May 1998 for Rs. 2,46,990. When he started driving the car, he noticed that it was not running smoothly, was making an unusual sound around the front wheels and giving a jerk during a change of gear.

Jain drew the dealer’s attention to the defects. During the first servicing of the car on 3 June 1998, the dealer opened the gear- box, replaced the bearings on the front wheels and carried out some other repairs. But the defects persisted. In fact, instances of Jain complaining to the dealer and the latter attending to the complaint continued for some time. But the defects could not be rectified.

CERS and Jain’s complaint with the Forum, attributed the unusual sound and the jerk in the car to manufacturing defect.

Jain had also obtained independent opinion from Perfect Automobiles (experts in Maruti vehicles), who opined the car had manufacturing defect. Kataria’s mechanic also accepted it.

The dealer countered the viewpoint, saying the car had run a considerable distance in a short time which showed it did not have any manufacturing defect. Despite the purchase of the car for his personal use, Jain has used it for commercial purposes, and the cause of action had not been shown in the complaint. Hence, Jain could not file a consumer complaint. Besides, the independent opinion obtained by Jain was not from a recognised laboratory, the dealer contended.

The Forum stated that Maruti Udyog and Kataria Automobiles were supposed to rectify the defects and, despite considerable correspondence between the parties, the opponents had not repaired the vehicle to Jain’s satisfaction.

The Forum partly allowed the complaint, directing Maruti Udyog and Kataria to repair the car or, if they could not rectify the defects, to replace it. It ordered Maruti Udyog to issue a fresh warranty from the date of replacement of the car and directed jointly and severally both the opponents i.e. Maruti Udyog, Gurgaon and local dealer Kataria Automobiles Pvt Ltd to pay Rs.1000 for mental agony and Rs. 1000 for the cost of the case to Jain.

Date : 03/02/2005
Place : Ahmedabad

Pritee Shah
Editor
INSIGHT - The Consumer Magazine

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CONSUMER EDUCATION AND RESEARCH SOCIETY
“Suraksha Sankool”, Thaltej, Sarkhej-Gandhinagar Highway, Ahmedabad - 380 054 (INDIA)
Phone: 079-27489945-46, 30121001-3 Fax: 079-27489947
E-mail: cerc@wilnetonline.net
Web Site: http://www.cercindia.org
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