STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI Consumer Complaint No. CC/16/377 Mr. Shailesh Khatri residing at - Flat No.1004, Happy Home Complex, Tower-1, Chikuwadi, Borivali (West), Mumbai – 400 092. .….. Complainant Versus

1. Auto Hangar India Pvt. Ltd.

The Dealers for Mercedes-Benz Vehicle, Having its Regd. Office at – 35, Saki Vihar Road, Saki Naka, S.O. Andheri (E), Mumbai, India – 400 072.

2. Managing Director of Auto Hangar India Pvt. Ltd.

The Dealers for Mercedes-Benz Vehicle, Having its Regd. Office at – 35, Saki Vihar Road, Saki Naka, S.O. Andheri (E), Mumbai, India – 400 072.

3. Mr. Rolend Folger, The Managing Director & CEO Mercedes-Benz India Ltd., E-3, Kuruli & Nighoje Village, Phase-3, Chakan, Pune – 410501. ..…... Opposite Parties BEFORE:

Hon’ble Ms. Poonam V. Maharshi, Presiding Member Hon’ble Dr. Nisha Amol Chavhan, Member PRESENT:

For the Complainant : Advocate Ravindra Sawant For Opposite Party No.1 & 2 : Vertias Legal For Opposite Party No.3 : Advocate Digambar R. Thakare

JUDGMENT

(Date: 08-12-2025)

Per: Hon’ble Dr. Nisha Amol Chavhan, Member

1. The present Consumer Complaint No. CC/377/2016 is filed under S.12 & Section 17 of the Consumer Protection Act-1986. (The ‘C.P. Act’ for short) by the complainant against opposite parties.

2. The complainant alleged deficiency in service and unfair trade practice against opponent No.1 to 3. The reliefs sought that, Replace the vehicle with new vehicle or return the price/charges paid while purchasing the car or return the price/charges paid i.e. Rs. 38, 74,493/- while purchasing the car and including all require taxes paid by the complainant and compensation for financial loss/injury suffered due to gross negligence of Opp. Party no. 1 to

3 in sum of Rs. 25.00.000/- with 24% interest.

CASE OF THE COMPLAINANT

3. It is the case of the complainant that he has purchased vehicle Mercedes Benz having Car Model No. C220CDI, Chassis No. WDD2050026L001162, Engine No. 65192132598138 on 30th June 2015 for Ex-Showroom Price Rs. 38, 74,493/-from Opposite party no. 1, the Dealer company & OP No. 2 is Director of the company of Auto Hangar India Pvt. Ltd.

4. The complainant above named stated that after the completion of running 2867 KM of the said Vehicle creating noise in steering wheel and also noise was existing in the door, therefore, Complainant has made complaint to Opp. Party no. 1, the Dealer Company & Opp. Party no. 2, the Director of the said company on 10th October 2015, accordingly, the Opp. Party no. 1 & 2 resolved the issue of Steering Wheel noise within 15 days but the door noise was remained the same and the Opp. Party no. 1 & 2 failed to resolve the said defect. Therefore, the Complainant has made another complaint on 27th November 2015 to Opp. Party no. 1, the dealer company after the completion of running 3981 KM of the said vehicle, at that time Air Conditioning was not working and previous door noise was continuing. Thereafter, Opp. Party no. 1, the Dealer Company & Opp. Party no. 2 resolved the defect of door noise in four days and AC also repaired by the Opp. Party no. 1, the Dealer Company in six days which was not actually resolved. After taking the custody of the said vehicle another problem was disclosed to the Complainant regarding shock absorber on 2nd December 2015 and the same fact was informed to Opp. Party no. 1 & 2 by the Complainant, but the concerned part was not available with Opp. Party no. 1, the Dealer company, thereafter four days the Opp. Party no. 1 & 2 had informed to the Complainant that the concerned part will be available to them by end of the month, therefore, the Complainant wrote to Opp. Party no. 1 & 3 on 10th December 2015 and after this the concerned part suddenly became available with Opp. Party no. 1 & 2 and Opp. Party no. 1 & 2 informed the Complainant that the car is ready means not at the end of the month of December, this creates serious doubt about customer care services of Party no. 1, hence, the Complainant was