STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA Date of Institution: 30.11.2018 Date of final hearing: 30.05.2023 Date of Pronouncement: 30.05.2023 APPEAL NO.1303 OF 2018 IN THE MATTER OF Sukhwinder Singh son of Shri Ranjit Singh, resident of House No.431, New Prem Nagar, Karnal.

….Appellant/Complainant Versus

1. Globe Toyota, Madhuban G.T. Road (NH-1), Karnal through its Proprietor.

2. Grace Toyota Cosmic Motors India Pvt. Ltd. House No.511, Near Sector 3, South City, Bypass Road, Rewari.

3. Toyota Kirloskar Motor (TKM), Head Office: 10^th Floor, Canberra Tower, UB City No.24, Vittal Mallya Road, Bangalore, Karnataka-

560001.

….Respondents/Opposite Parties CORAM: HON’BLE MR. JUSTICE T.P.S. MANN, PRESIDENT MS. MANJULA, MEMBER Present: Shri Vivek Aggarwal, counsel for the appellant.

Shri Shivam Grover with Shri Ashutosh Aggarwal, counsel for respondent No.1.

Presence of respondent No.2 already dispensed with.

Shri S.R. Bansal, counsel for respondent No.3.

PER: T.P.S. MANN, J.

ORDER

1. The instant appeal has been preferred by complainant Sukhwinder Singh against the order dated 23.10.2018 passed by the District Consumer Disputes Redressal Forum, Karnal, whereby the complaint filed by him was disposed of by granting liberty to the parties to approach the Court/Civil Court of competent jurisdiction, if so desired and in that eventuality, the parties would be entitled to the benefit of Section 14(2) of Limitation Act and the time taken during the pendency of the complaint would be exempted.

2. The brief facts, as pleaded by the complainant are that he had purchased a Toyota Etios Liva GD (M) car bearing registration No.HR-54C-0013 from Grace Toyota Cosmic Motors India Pvt. Ltd.- opposite party No.2 for a sum of Rs.5,99,800/- on 18.10.2014. At the time of purchase, the opposite parties gave a warranty that if any problem occurred in the vehicle at any stage they would change the vehicle with new one. Soon after the purchase, it started creating problems. The complainant approached opposite party No.1 about the defects in the vehicle a number of times on different occasions. The complainant firstly noticed that there was a noise emanating from all the doors while opening and closing; air conditioner (AC) stopped working in the month of March, 2015; paint peel-off from both upper corners of rear compartment (dickey) of the vehicle in the month of December, 2014; paint peel-off from weather strips of all the doors of vehicle in the month of January, 2015; hood heat insulator fitted on inner side of bonnet bursted very badly in the month of March, 2015; rear bumper colour getting yellow; and irritating sound emanating from air conditioner vent in the month of April, 2015; all door glasses of vehicle create unhappy sound when glasses were slightly down; a noise of khad-khad started from all doors after the replacement of weather strips on 16.10.2015; vibration and more engine sound in car cabin after October, 2015; low mileage of vehicle noticed in June, 2015; wiper of vehicle was not working properly; fresh air duct was not working well for a long time; horn pad became tight and sound of horn was not normal; and more gap in rear compartment (dickey) from right hand side and problem of vehicle starting from July, 2016. After inspection of the vehicle, opposite party No.1 told the complainant that it would discuss about the said defects with opposite party No.3 i.e. Toyota Kirloskar Motors (manufacturer) and would inform him thereafter. In the month of July-August, 2015, opposite party No.1 painted both the upper corners of rear compartment (dickey) but in the month of December, 2015, the paint peeled-off again from the upper corner of rear compartment (dickey). On the complaint of paint peel-off from weather strips of all the doors of the vehicle made by the complainant in the month of January, 2015, the officials, namely, Himanshu Kapoor, Gurmukh Singh and Seema checked the vehicle thoroughly 3-4 times. Opposite party No.1 told him