BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UDAIPUR FIRST APPEAL NO: 146/2017 Manager, K.S. Automobiles Pvt. Ltd.

Address- S-92, Main Bypass Road, Mewar Industrial Area, Madri, Udaipur … Appellant/Opposite Party No.1 -VERSUS-

1. Sh. Jayanti Lal S/o Sh. Chandulal Sharma, Age- Major, R/o 345, Richha, Tehsil- Aaspur, District- Dungarpur (Raj.)

2. Sh. Hitesh Sharma S/o Sh. Jayanti Lal Sharma, Age- Major, R/o 345, Richha, Tehsil- Aaspur, District- Dungarpur (Raj.)

… Respondents/Complainant FIRST APPEAL NO: 153/2017 Mahindra & Mahindra Ltd.

3rd Floor, Marketing office, Mahindra Tower, Akurli Road, Kandiwali (East), Mumbai 400101, Through its Authorized Signatory.

…Opposite Party No.3/Appellant -VERSUS-

1. Sh. Jayanti Lal S/o Chandulal Sharma, Aged 65 years, R/o 345, Richa, Tehsil- Aaspur, District- Dungarpur (Raj.)

2. Sh. Hitesh Sharma S/o Jayanti Lal Sharma, Aged 37 years, R/o 345, Richa, Tehsil- Aaspur, District, Dungarpur (Raj.)

…Complainants/ Respondents (1,2)

3. K.S. Motors Pvt. Ltd.

Sagawada Road, District- Dungarpur (Raj.)

4. Regional Officer S.K. Parihar K.S. Automobile Private Ltd., R/o S-92, Mewar Industrial Area, Madri, Udaipur (Raj.)

5. Mahindra & Mahindra Finance Co. Local Office Sagawada Road, Ret Stand, District- Dungarpur (Raj.)

…Opposite Party (1,2 & 4)/Respondents (3-5)

Before HON’BLE MR. A.K. AGARWAL – MEMBER (Judicial)

HON’BLE MR. R. N. SARSWAT - MEMBER (Non-Judicial)

Present:

For Mahindra & Mahindra: Mr. Bhupendra Kothari, Advocate Mr. Hukum Singh Devra, Advocate For K. S. Motors, Udaipur: Mr. Manish Mogra, Advocate For M&M Finance: Mr. Vinod Paliwal, Advocate For Complainants: None Present Dated: 13/01/2026

Judgment

Authored by: Hon’ble Mr. R. N. Sarswat – Member Complainant’s Version Mr. Jayantilal (hereinafter referred to as Complainant No.1) alleged that he purchased a Mahindra Bolero XLS, bearing Registration No. RJ-12-UA-2632, from K.S. Automobiles Pvt. Ltd., Dungarpur (hereinafter referred to as Opposite Party No. 1), which operates under K.S. Automobiles Pvt. Ltd., Udaipur (hereinafter referred to as Opposite Party No. 2), on 25.11.2015, for a total consideration of Rs.7,40,955/-. The said vehicle was manufactured by Mahindra & Mahindra Ltd.

(hereinafter referred to as Opposite Party No. 3).

It was alleged that soon after purchase, the vehicle started developing problems relating to coolant water entering into the engine and mixing with the engine oil. According to the Complainants, after the vehicle had run approximately 9000 kilometers, the coolant was exhausted, whereafter the vehicle was taken to the service center of Opposite Party No. 2 at Banswara, where servicing was carried out. The Complainants were informed that the said issue was normal in nature.

It was further pleaded that on 09.03.2016, the vehicle again developed similar problems and was taken to the workshop of Opposite Party No. 1; however, the issue could not be resolved. Consequently, on 10.03.2016, the vehicle was taken to the service center of Opposite Party No. 2 at Udaipur, where it was found that coolant water was mixing with the engine oil. The vehicle, being under warranty, was repaired. However, it was alleged that despite the repairs, the same problem recurred. Thereafter, the Complainants left the vehicle at the workshop of Opposite Party No. 1 and demanded replacement of the vehicle, but contrary to their request, the vehicle was not replaced, and only the engine was replaced The Complainants contended that due to the deficiency in service and negligent conduct of the Opposite Parties, they suffered substantial financial loss as well as mental and physical harassment. Being aggrieved, the Complainants filed Consumer Complaint No. CC/72/2016 before the District Consumer Disputes Redressal Commission, Dungarpur (hereinafter referred to as “DCDRC”) on 30.08.2016, seeking the following reliefs:  To direct Opposite Parties Nos. 1 to 3 to refund an amount of Rs.7,40,955/- or, in the alternative, to replace the vehicle with a n