The court established the complainant's consumer status, the complaint's timeliness, and the manufacturing defect in the car, leading to the partial allowance of the complaint against the manufacturer and dealer.

ORDER

Shri P.B. Joshi, Presiding Judicial Member.—Complainant purchased Mercedes Benz, model E 220(211) Diesel four-wheeler vehicle (hereinafter referred to as 'the car') from opponent No.1 manufactured by opponent No.2 for total price of Rs.34,88,105/-. Complainant also spent Rs.1,54,524/- for registration of the vehicle. Warranty period was of two years. Within a period of 1 years i.e. on or about 26/04/2005 complainant faced problems with turbo charger and the engine mount due to which problems car was to stand idle for a considerable period as the spare parts were not available. Complainant by his reminder letter dated 19/05/2005 to opponent No.2 protested that the car was purchased for highway security but this purpose was not served due to frequent problems faced by the complainant. Complainant by his letters dated 27/05/2005 and 16/06/2005 while referring to opponent No.2 clarified that the car was solely driven by one reliable driver and is always running on city roads and highways. Complainant also highlighted various problems he faced due to defects in the car. By letter dated 24/06/2005 opponent No.2 referred to visit of their Service Representative, Mr. Lino Marques on 17/06/2005 visited at the Mumbai workshop of opponent No.1 for inspection of defective car and referred to certain clarifications allegedly provided by said Mr. Marques. Opponent No.2 also extended warranty on the said car by period of four months upto 30/11/2005. It was contended by the complainant that in the matter of Controls & Switchgear Company Ltd. v. Daimler Chrysler India Pvt. Ltd. & Anr., IV (2007) CPJ 1, Hon'ble National Commission has referred to an article in Times Global Business Magazine, that report 1.3 million cars were withdrawn by the manufacturing company. The problems began after Mercedes launched its 'E' Class series in 2002 only to face a barrage of complaints about cars that did not start or kept breaking down continuously. More than 200 teams of engineers ripped the car apart to identify and overcome the troubles, which included design and production snafus in complex electronics systems. The firm recalled 1.3 million cars including C-Class, SI-Class as well as E-Class models manufactured between 2002 and 2005, took back the vehicles, switched engines in some models and started providing two year full service warranties to disgruntled owners. Complainant had also purchased E-Class model in 2003 and had encountered said problems of frequent breakdowns as happened to the said E-Class models abroad. Complainant has contended that opponent No.2 did not extend same treatment for E-Class model of cars sold in India to recall and replace the defective parts and engines and did not provide two year full service warranties and thus, opponents have committed unfair trade practices.

2. Complainant had placed on record by his letter dated 16/06/2005 the various problems encountered by him and asked for replacement of the car as said car had manufacturing defects. Opponents have not replaced the car. Hence, consumer complaint was filed with prayers that to hold and declare opponents guilty of deficiency in service and unfair trade practise and it was prayed that opponents be directed to take back said defective vehicle and refund the amount of Rs.36,42,629/- paid by the complainant towards purchase price of said car. Complainant also prayed that opponents be directed to pay to the complainant interest on the bank loan paid by the complainant to ICICI Bank. Complainant also prayed that opponents be directed to reimburse amount of Rs.20,40,871/- incurred by the complainant towards expenses for the repairs of said defective car along with interest @ 18% p.a. from the date of respective payments till realisation of the same. Complainant prayed that opponents be directed to pay to the complainant Rs.15 Lakhs towards compensation for mental agony a