IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution : 09.11.2023 Date of Reserving : 03.09.2025 Date of Decision : 12.09.2025 CC No. 158/2023 IN THE MATTER OF M/S SAMARAN MEDIA CONSULTANT PVT.LTD.

BB-9, GREATER KAILASH ENCLAVE PART-II, NEW DELHI-110048 THROUGH ITS DIRECTOR MR. GURVINDER KHURANA ... Complainant (Through Ms. Puja Anand &

Ms. K.B. Hina, Advocates Mob:9811049622, 9811734735 &

Email:prayerbliss@gmail.com, kbhinakarim@yahoo.co.in)

VS.

1. MERCEDES BENZ INDIA PVT. LTD.

THROUGH ITS AUTHORISED REPRESENTATIVE, REGISTERED OFFICE:

E-3, MIDC, CHAKAN PHASE-III, CHAKAN INDUSTRIAL AREA, KURULI & NIGHOJE, TALUKA: KHED, PUNE-410501 EMAIL: cs.ind@cas.mercedes-benz.com …Opposite Party No.1 (Through Mr. Prasouk Jain, Advocate Mob.9899314700 &

Email: office@lpjpartners.com)

2. M/S GLOBAL STAR AUTO LLP [MERCEDES BENZ INDIA PVT.LTD.]

A-1, A-1/1 OKHLA INDUSTRIAL AREA, PHASE-I, OKHLA NEW DELHI-110020 EMAIL: abhishek.kaushik@mercedes-benz.com;

Walter.diaz@globalstarauto.com;

heena.goutam@globalstarauto.com …Opposite Party No.2 (Through Mr. Jaspreet Singh, Advocate Mob.9899641617 &

Email:jaspreet.law@gmail.com)

CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Ms. Puja Anand, counsel for the complainant.

(Mob.9811049622 & Email: prayerbliss@gmail.com)

Ms. Harshita Anand, counsel for OP No.1. (Mob.7357086555 & Email:

harshitanand@lpjpartners.com)

None for OP No.2.

PER : HON’BLE PINKI, MEMBER (JUDICIAL)

JUDGMENT

1. The present complaint has been filed by the Complainant before this Commission alleging deficiency of service and unfair trade practice on the part of Opposite Parties and has prayed for the following reliefs:

“(a) Allow the present complaint; and (b) Pass an order directing the Opposite Party to pay compensation amount of Rs.2.5 crores (Rupees Two Crores and Fifty Lakhs only) to the complainant for mental harassment and agony; and (c) Pass an order directing the opposite parties for replacement of present Mercedes Benz EQS 580 with Mercedes Benz IC Engine Car; and (d) Pass an order to directing the opposite parties to pay a sum of Rs.3 lakhs towards the litigation cost being the actual cost of litigation suffer till date and further litigation cost to be incurred in contesting the present consumer complaint; and (e) Pass any order and orders as this Hon’ble Commission may deem fit and proper under the facts and circumstances of the case.”

2. The brief facts necessary for the adjudication of the present complaint are that on 02.11.2022, the complainant purchased Mercedes-Benz EQS580 Electric Car for Rs.1,55,00,000/- from Opposite Party No.1 (manufacturer) through Opposite Party No.2 (authorised dealer). The complainant also purchased a Service Package Agreement from Opposite Party No.2 for the servicing and maintenance of the car under Star Ease Compact Plus Scheme from 11.03.2022 to 11.01.2028 for an amount of Rs.4,95,600/-. The vehicle was insured by ICICI Lombard Insurance Company which was effective from 03.11.2022 to 02.11.2025. On 04.05.2023, the complainant got the vehicle towed to the workshop where the workshop team of the opposite parties informed him that the main component of the electric vehicle i.e., lithium battery pack needs to be replaced which is under warranty and the car was returned to the complainant on 02.06.2023 after being kept in the workshop of the opposite parties for 29 days.

3. On 27.06.2023, the car was again sent to the workshop with a complaint that the air conditioner was not functioning. Upon diagnosis, it came to the notice of the complainant that the relevant software had not been updated and that the AC compressor required to be replaced. The opposite parties assured the complainant that the vehicle would be delivered on

10.07.2023, but it was delivered only on 17.07.2023.

4. Just after the purchase of the car, the rear tyre developed a bugle to such an extent that it was not reparable but it was changed in the garage of the opposite parties