STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

M/s Chaudhary Buildmart Pvt. Ltd., 404, 4^th Floor, KJ City Tower, Ashok Marg, C-Scheme, Jaipur, Rajasthan and having its Branch Office at 6^th Floor, CGR Mall, Sri Ganganagar, Rajasthan through its Director/ Authorized Signatory Sh. Adity Kumar. 

……Complainant

Versus

1. M/s Volvo Auto India Ltd., 6^th Floor, Park Centra, Sector 30, NH-8, Gurgaon – 122001, Haryana.
2. Ms Krishna Auto Sales, Business Block, Elante Mall, Industrial Area, Phase-1, Chandigarh.
3. M/s Morani Motocorp Ltd., F-2152, Industrial Area, Ramchandrapura, Near Purnima University, Sitapura Industrial Area, Jaipur – 302001, Rajasthan.

... Opposite Parties.

BEFORE:    JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                   MRS. PADMA PANDEY, MEMBER

                   MR. RAJESH K. ARYA, MEMBER.

                   MR.PREETINDER SINGH, MEMBER

Present:-     Sh. Jayendra Sevada, Advocate for the Complainant.

                   Sh. Ankush Chowdhary, Advocate for opposite party No.1.

                   Sh. Jagvir Sharma, Advocate for opposite party No.2.

                   Opposite Party No.3 exparte vide order dated 02.12.2020.

PER  RAJESH  K.  ARYA, MEMBER.

Facts of the case:

                    By filing this complaint seeking refund, the complainant is alleging manufacturing defect in the brand new VOLVO XC 90 Inscription Luxury car, which it purchased from Opposite party No.2 (Dealer) on 10.07.2016 vide Invoice, Annexure C-1, for Rs.81,60,800/- for personal use of its Director Sh. Aman Deep. The said vehicle was financed by Punjab and Sind Bank and duly insured with United India Insurance Company Ltd. vide Insurance Policy dated 20.08.2018, Annexure C-2. It was registered with Registration Authority, Sri Ganganagar on 20.07.2016 vide Registration No.RJ13UB0063, as per Registration Certificate, Annexure C-3. It has been averred that on umpteen number of times, the vehicle broke down, firstly on 06.04.2017, when it was repaired by opposite party No.3 (M/s Morani Motorcorp Ltd.) by charging Rs.38,876/- for spare parts and Rs.4,807/- as service charges. The car again developed faults on 03.05.2017. The same was repaired and total amount of Rs.15,293/- was charged from the complainant. Again on 05.12.2017, again the problem occurred and the vehicle was repaired against charges of Rs.41,345/-. On 16.04.2018, maintenance service of the vehicle was got done by the complainant against total charges of Rs.44,483/-. On 28.05.2018, the vehicle was reported for repairs and engine faults, which was repaired and total of Rs.94,172/- was charged vide Invoice, Annexure C-8. There was again breakdown in the vehicle, for which it was reported for repairs, which were done by changing Brake Pad Kits (Two) etc. against total charges of Rs.42,664/- vide invoice dated 19.07.2018, Annexure C-9. It has been averred that when vehicle run 100114 KMs, opposite party No.3 informed that the engine is to be replaced due to big issue with it. On 01.09.2018, the engine replacement was done without charging any money from the complainant as per Invoice, Annexure C-10. However, as averred, again on 14.09.2018, the vehicle was reported to opposite party No.3 for faults, which were rectified by charging Rs.8837/-, Annexure C-11. It has further been averred that after replacement of the vehicle, the car again broke on 24.10.2018 and this time, opposite party No.3 informed that it again required an engine change. Aggrieved with the condition of the vehicle, the complainant served legal notice dated 26.11.2018, Annexure C-13, upon the opposite parties and after much resistance, the engine of the car was again replaced on 20.03.2019, Annexure C-14 and vehicle was delivered back to the complainant after thorough checkup.

2]                It has further been averred that on 26.03.2019, the vehicle again broke down