Consumer complaint under the Consumer Protection Act acknowledged, confirming consumer status despite potential commercial usage; service deficiencies warrant compensation.

RAJESH K. ARYA, PRESIDING MEMBER

The present complaint has been being filed by Complainant No.1, a company duly incorporated under the Companies Act, 1956, which is a juristic person competent to sue and be sued in its own name, through its Director Gurnam Singh, Complainant No.2, who is duly authorized vide Board Resolution dated 22.06.2024 to initiate the present complaint. Complainant No.1 had purchased a Mercedes Benz C-200 vehicle for the personal use of its Director, Complainant No.2, from Opposite Party No.2—IJM Panjab Motors Pvt. Ltd.—an authorized dealer of Opposite Party No.1, Mercedes Benz India Pvt. Ltd., the manufacturer of the said vehicle, for a total consideration exceeding Rs.57,00,000/- including Rs.56,05,500/- towards invoice value and Rs.1,19,000/- towards insurance, besides Rs.5,05,907/- spent on registration. The booking was made in December 2023 with a cheque of Rs.1,50,000/- dated 11.12.2023, followed by the sale and delivery on 20.12.2023 under Order Booking No. C-IN-231212191236774, for a brand new vehicle bearing VIN: WIKAF4CB2PL011197. Despite assurances by the Opposite Parties regarding the vehicle being a world-class, defect-free product, post-delivery the car exhibited inherent manufacturing defects, particularly in the key feature “Mercedes Me App and Car Communication” that facilitates remote access and control of various vehicle functions such as keyless entry, engine ignition, air conditioning, tracking, etc. The said application was non-functional from the very beginning and despite multiple complaints through emails starting from 15.01.2024, followed by visits to the service centre on at least five occasions, the defect persisted without any resolution, causing mental agony and inconvenience. The problem was duly acknowledged by the Opposite Parties through various communications including emails dated 16.01.2024, 19.01.2024, and 23.01.2024, and continued even when the car was again serviced on 12.02.2024 and returned on 17.02.2024 without resolution. Additional issues were also highlighted including malfunctioning of the panoramic sunroof curtain, system validation (80A Fuse), malfunctioning of passenger seat, rear curtain, and leakage of washer fluid bottle, which were also acknowledged in various emails exchanged including those dated 14.02.2024, 16.02.2024, 21.02.2024, 11.04.2024, 14.05.2024, 15.05.2024, 27.05.2024 and most recently 22.06.2024. During the period intervening, the complainant vide email dated 24.4.2024 had agitated the unresolved issues and the problems being faced with the defective car and raised the following issues:-

(i.) Mercedes Me App & Car Communication.

(ii.) Panaromic sun roof sun blind/curtain.

(iii.) System validation (80A Fuse).

2. On 24.04.2024 the following issues had been addressed by the complainant to the opposite parties regarding the following:-

1. Mercedes Me App (Network) & Car Communication:

We inform you on 09.04.2024, regarding the network issue, as there is no network; picture enclosed. No solution has been provided till date as 16 days have passed.

2. Panoramic Sunroof Sunblind/Curtain: Panoramic Sunroof Sunblind/ Curtain is not working properly from the very first day. As told you many times regarding the same.

A. As per your words you have replaced the sunblind/curtain, but I personally have doubts as we are still facing the same issues again and again, even no valid document was shared for the replacement of sunblind/curtain.

B. As we have many times told you regarding sunblind/curtain, few days ago your engineer Mr. Kamal Jit Singh visited our home for the same and lubricated the sunblind/curtain and track, th