ORDER

(Per Sri N.Narayana Reddy, Member on behalf of the Bench)

CONSUMER COMPLAINT No.160/2025

1. This complaint is filed under section 35 of the Consumer Protection Act, 2019, praying to direct the opposite parties:-

a. To repair the vehicle engine and deliver it in perfect working condition free of cost.

b. To reimburse Rs.10,000/- towards towing and incidental expenses.

c. To reimburse Rs.10,000/- towards alternate conveyance for medical travel.

d. To pay Rs.2,000/- per day towards transportation costs from 27th August until delivery of the repaired vehicle.

e. To pay Rs.1,50,000/- as compensation for mental agony, hardship and harassment.

f. To pay Rs.10,000/- towards litigation costs.

And

g. To grant any such other relief deemed fit in the interest of justice.

2. The case of the complainant in brief runs as follows:- The complainant is a Government Teacher residing at MSS Balaji Villas, Dinnedevarapadu, Kurnool, is the owner of a Maruti Brezza (AP21 BT 2834). Opposite Party No.1 is M/s Adarsha Automotives Private Limited, Kurnool, and Opposite Party No.2 is Maruti Suzuki India Limited, New Delhi.

The complainant regularly availed their services for maintenance of her vehicle. She incurred charges on various occasions, including Rs.1,228/- (24.01.2024), Rs.6,691/- (14.12.2024 PMS), Rs.24/- (29.04.2025), Rs.6,869/- (05.07.2025 PMS), and Rs.1,020/- (10.08.2025). It is alleged that essential checks, particularly coolant inspection/refilling, were not carried out, constituting deficiency in service.

Due to such negligence, the vehicle overheated and broke down near Shadnagar on 26.08.2025. At Sri Jayarama Motors, repairs were done for Rs.1,574/-, and it was opined that the issue was due to insufficient coolant. The complainant also incurred Rs.10,000/- towards towing and Rs.10,000/- for an alternative vehicle, causing hardship during urgent medical travel for her husband’s dialysis.

On 27.08.2025, Opposite Party No.1 shared an estimate of Rs.1,70,000/- and allegedly assured free repair admitting lapse, but later withdrew. Subsequent demands of Rs.20,000/- were made on 07.09.2025 and 22.09.2025 but not pursued after objection. Ultimately, the opposite parties denied liability. The complainant alleges that their negligence caused engine damage, financial loss, and mental agony, amounting to deficiency in service and unfair trade practice. Hence this complaint.

3. Opposite Party No.1 filed its written version contending that the complaint is not maintainable either in law or on facts and that the allegations are false, baseless, and made with an intention to gain wrongfully and damage its reputation. The complainant purchased a Maruti Vitara Brezza (AP21 BT 2834) on 29.04.2017 and serviced it at MSA Motors, Kurnool, till December 2023. Thereafter, the complainant approached Opposite Party No.1 for services on 13.01.2024 (75,604 km), 14.12.2024 (93,737 km), and 05.07.2025 (about 1,10,000 km), and all services were carried out as per manufacturer guidelines.

It is submitted that coolant replacement was not required at 90,000 km and only inspection/top-up was done; major maintenance including coolant replacement is due at around 1,00,000 km, but the complainant failed to present the vehicle at that stage. On 26.08.2025, when the vehicle overheated near Shadnagar, the complainant was advised to approach Jayarama Motors, where repairs were carried out. Despite continued use, the vehicle again overheated and was later taken to MSA Motors on 29.08.2025, where engine seizure due to overheating was diagnosed.

The vehicle was thereafter brought to Opposite Party No.1, dismantled on request, and an estimate of Rs.1,79,623/- was given. Though initially agreed, the complainant later refused to pay and demanded free repair. Opposite Party No.1 submits that there was no deficiency in service, the breakdown occurred 51 days after the last service, and the complainant failed to act on warning signals, leading