Either replace repaired car sold as brand-new or refund entire amount with interest, dealer told

Sud raised the issue with the dealership and Maruti Suzuki about selling her a repaired car, whereupon it was told to her that they are having bonnet in stock and are ready to replace it along with the first aid kit which was not given at the time of car delivery. The complainant sent a legal notice to the dealership and company in this regard but to no avail.

The dealership, Autopace Network Private Limited, in its reply submitted that the vehicle was not suffering from any denting or painting problem and the delivery of the vehicle in question was taken by the complainant after inspection and in view of satisfactory condition of the vehicle. It claimed the car keys were not scratched, bonnet was not having rubbing marks, colour of the bonnet was not different from the rest of its body, and first aid kit was also delivered to the complainant.

The dealership also mentioned that the vehicle was not repaired by them and hence the complainant is not entitled for the compensation, and the complainant has created a false story.

Maruti Suzuki India Limited, in its reply, submitted that it sells the vehicle to its authorised dealer who sells the same to its customer under their own invoice and sale certificate, and that the complainant is not a ‘consumer’ qua it, as no consideration has been paid to it by the complainant nor the vehicle in question has been sold by it to the complainant.

The commission on the stand of the dealership that documents, which is repair orders of the car in question, are fake is “not tenable”.
It observed that there is no reason for the complainant to prepare alleged fake documents and such a plea appears to have been taken just to escape from their liability towards the complainant for selling a repaired vehicle under the garb of brand new vehicle.

Moreover, in response to the query raised by the bench, the dealership has submitted that some vehicles require some minor denting and painting on receipt from the manufacturer but he could not give a satisfactory answer/ clarification when he was asked as to whether all new vehicles might have this kind of repairs history record prior to the sale to customer as new vehicle.

Thus, it is clear that the complainant was sold the vehicle in question as a brand new vehicle even though it has been repaired for denting and painting without disclosing the same to the complainant or giving any discount. Such act and conduct of dealership clearly constitute gross deficiency in service and its indulgence into unfair trade practice, said the Commission.

The Commission thus directed the Autopace Network Private Limited, to replace the car in question with new one of the same make and model, free of cost or refund its cost of Rs 6,41,397.98 along with interest at 9 per cent per annum from the date of sale which is March 17, 2020 till its actual payment to the complainant.

The complaint against Maruti Suzuki was dismissed.