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IN THE STATE COMMISSION: DELHI
(Constituted under section 9 of the Consumer Protection Act, 1986)
Date of Hearing:07.09.2021
Date of Decision:28.10.2021
Complaint No.474/2013
IN THE MATTER OF
DAVINDER PAHUJA
S/o Late Sh. R.S. Pahuja
R/o A-68, Shankar Garden,
Vikaspuri, New Delhi
....Complainant
VERSUS
M/S VOLKSWAGEN GROUP
Through its Chairman/Principal Officer
Brieffach, 1849
Wolfsburg, Lower Saxony 38840
Germany
(E-mail- vw@volkswagen de
And kundenbetreuung@volkswagen.de)
M/S VOLKSWAGEN GROUP SALES INDIA PVT. LTD.
3, North Avenue,
Level-3/4, Maker Maxity,
Bandra Kurla Complex,
Bandra (EAST), Mumbai
Maharastra-400051
M/S VOLKSWAGEN DELHI WEST
World Class Automobile Pvt. Ltd.
68/3, Najafgarh Road,
Near Moti Nagar, New Delhi-110015
(through its principal officer/
Managing Director)
.....Opposite Party
HON’BLE SMT. JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)
HON’BLE SH. ANIL SRIVASTAVA, MEMBER
1. Whether reporters of local newspaper be allowed to see the judgment?
Yes
2. To be referred to the reporter or not?
Yes
Present:
Ms. Prachi Trehan, Counsel for the complainant
Sh. Sanidhya Santhaliya, Counsel for the OP-1 and OP-2
Sh. Vipin Singhaniya, Counsel for the OP-3.
PER: ANIL SRIVASTAVA, MEMBER
JUDGEMENT
1.
This complaint under Section 17 of the Consumer Protection Act 1986, the
Act, has been filed before this Commission by Sh. Davinder Pahuja, resident of Delhi
for short complainant against M/s Volkswagen Group, Germany, M/s Volkswagen
Group Sales India, Mumbai and the Volkswagen Delhi the authorised dealers,
hereinafter referred to as OP-1, OP-2 and OP-3 respectively, alleging unfair trade
practice and deficiency on the part of the OPs they having not repaired the vehicle
purchased by him nor replaced the car if the repairing was not possible or
otherwise and praying for relief as under:-
It is, therefore, most respectfully prayed that this Hon’ble
Commission may graciously be pleased to:-
a. Direct the OPs/respondents to replace the car of the complainant i.e.
Touareg passenger car no. DL-2CQ-1390; or in the alternative; to
carry out all the repairs including change of spares with new spare
parts i.e. Engine Assembly, Turbo Charger, DPF etc. in the vehicle of
the complainant in order to make it in running condition at their
own costs or as per the estimate of Rs. 21,00,000/- given by the
respondent no. 3;
b. Direct the OPs to pay an amount of Rs. 30,00,000/- towards the
mental pain, agony and harassment suffered by the complainant at
the hands of the respondents as well as depreciation in the value of
the vehicle, alongwith interest from the date of notice till its
realization;
c. Award cost of the present litigation to the tune of Rs. 1,00,000/-;
d. Pass any other order or further reliefs as this Hon’ble Court may
deem fit and proper in favour of the complainants and against the
respondents/OPs.
2.
Facts of the case necessary for the adjudication of the complaint are these.
3.
The complainant having been assured of a good standard of service and
believing their assurances had purchased on 17.04.2006 a high end costly variant in
SUV Segment, Volkswagen, TOUAREG, from the OPs bearing registration number
DL-2CQ-1390 manufactured by OP-1, imported and marketed by the OP-2 and
serviced by their dealer OP-3. However the vehicle having some sound emanating
from the engine requiring repair and replacement of some parts the complainant
delivered his vehicle to OP-3 but despite several requests made, the OP-2 did not
accord approval for carrying out the work required in the vehicle causing
inconvenience and hardship to the complainant. The complainant had further
alleged that the repairing in the vehicle not having been carried out it got further
damaged at the end of the OP-3. All the efforts made by the complainant to get the
vehicle road worthy proved an exercise in
