NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. NC/RP/213/2022 (Against the Order dated 21st December 2021 in Appeal No. 108/2018 of the State Consumer Disputes Redressal Commission Rajasthan)

WITH NC/IA/1949/2022 (STAY)

NC/IA/1950/2022 (EXEMPTION FROM FILING THE CERTIFIED COPY)

SUNEHRI CARS PVT. LTD.

PRESENT ADDRESS - REGISTERED OFFICE-19-22, SRI GANGA NAGAR, , NEAR TRANSPRT NAGAR, BIKANER, , JAIPUR BYPASS, , BIKANER,RAJASTHAN.

.......Petitioner(s)

Versus GANESHARAM & 2 ORS. S/o. NANAK RAM PRESENT ADDRESS - R/O BARSINGHAR NEAR BIG SCHOOLTEHSIL AND BIKANER, , BIKANER,RAJASTHAN.

GENERAL MOTORS INDIA PRIVATE LIMITED. Through its MANAGER AUTHORISED REPRESENTATIVE BUSINESS ADDRESS - REGISTERED OFFICE-CHANDRAPURA INDUSTRIAL AREA,HALOL, , PANCH MAHALS,GUJARAT.

GENERAL MOTORS INDIA PRIVATE LIMITED Through its MANAGER AUTHORISED REPRESENTATIVE MARKETING BUSINESS ADDRESS - OFFICE-EKLON INDUSTRIAL AREA,SECTOR 32, GURUGRAM , GURUGRAM,HARYANA.

.......Respondent(s)

REVISION PETITION NO. NC/RP/257/2022 (Against the Order dated 21st December 2021 in Appeal No. 87/2018 of the State Consumer Disputes Redressal Commission Rajasthan)

WITH NC/IA/2264/2022 (STAY)

NC/IA/2265/2022 (EXEMPTION FROM FILING THE CERTIFIED COPY)

M/S. GENERAL MOTORS INDIA P LIMITED & ANR.

PRESENT ADDRESS - OFFICE NO. 04-109-C, 04-106, 04-122 4TH FLOOR, , 246, PHASE IV UDYOG VIHAR, GURUGRAM, , WEWORK BLUE ONE SQUARE, , GURUGRAM,HARYANA.

.......Petitioner(s)

Versus GANESHRAM & ANR. S/o. MR. NANAK RAM PRESENT ADDRESS - RESIDENT OF BARSINGSAR, TEHSIL BIKANER,BIKANER,RAJASTHAN.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE A. P. SAHI , PRESIDENT HON'BLE MR. BHARATKUMAR PANDYA , MEMBER FOR THE PETITIONER:

FOR SUNEHRI CARS PVT. LTD. : MR. UDIT GUPTA, ADVOCATE FOR GENERAL MOTORS INDIA P. LTD.: MR. VIPIN SINGHANIA, ADVOCATE MR. DIWAKAR CHIRANIA, ADVOCATE FOR COMPLAINANT GANESHARAM : MR. VIJAY PAL SHARMA, ADVOCATE MR. KAMAL CHAMARIA, ADVOCATE FOR THE RESPONDENT:

FOR SUNEHRI CARS PVT. LTD. : MR. UDIT GUPTA, ADVOCATE FOR GENERAL MOTORS INDIA P. LTD.: MR. VIPIN SINGHANIA, ADVOCATE MR. DIWAKAR CHIRANIA, ADVOCATE FOR COMPLAINANT GANESHARAM : MR. VIJAY PAL SHARMA, ADVOCATE MR. KAMAL CHAMARIA, ADVOCATE DATED: 25/02/2026

ORDER

PER A.P. SAHI, J., PRESIDENT The complainant/respondent no.1 in both the cases, namely, Ganesharam, had purchased a Tavera Car in 2011 from the Dealer Sunehri Cars Pvt. Ltd., the petitioner in Revision Petition No. 213 of 2022. The car suffered defects, as a result whereof repairs were carried out during the warranty period. According to the complainant, the car had to be repeatedly taken to the garage and ultimately the entire engine of the car had to be replaced.

It is in this background and with other details that the complainant instituted Complaint Case No. 194 of 2014 before the DCDRC Bikaner (hereinafter referred to as the District Commission). The dealer/opposite party no.1 in the complaint filed its written statement contesting the said position and the opposite parties no. 2 and 3 in the complaint, namely, the Manufacturers, who are the petitioners in Revision Petition No. 257 of 2022, also filed their separate written version contending that there was no manufacturing defect, and, as a matter of fact after replacement of the engine, the vehicle was running efficiently and there was no complaint whatsoever of any kind. The warranty conditions were complied with and the complaint had been filed without any existing cause only with a view to harass the petitioners/opposite parties.

The complaint was allowed by the District Commission holding that since the entire engine had to be replaced, the deficiency was established and consequently either the opposite parties should replace the car with a vehicle of the same model or in the alternative refund a sum of Rs.7,30,000/- with 9% interest to the complainant. Apart from this, a sum of Rs.25,000/- was awarded as compensation for mental and physical harassment and Rs.7,000/- as litigation costs.

The Deal