Mahindra And Mahindra — REGARDING REPLACEMENT OF DEFECTIVE VEHICLE : Mahindra Supro Mini Cargovan BSIV WD, Make: Mahindra and Mahindra Ltd

I, Dr. Sabine S, S/o Sivadasan is a doctor by profession & Proprietor of M/s MedmartIndia having place of business at Sabadeep, Near Issac Maria Theatre, 130 Junction, Muvattupuzha - 686661 hereby inform you that my vehicle Mahindra Supro Mini Cargovan BSIV WD, Make: Mahindra and Mahindra Ltd having Registered Number: KL 17 S 5726, Engine No: VAJ6E27272 & Chassis Number: MA1FT2VARJ6E34243 have met with an accident on 22/05/2019 at Kochi city in Kerala. The said vehicle was plying through Kochi city in a convoy of vehicles, suddenly the vehicle got jammed and skidded and hit a car which was running just in front of my vehicle. A case was registered on this incident. On completion of the legal formalities and after due inspection by the Regional Transport Authorities at Kochi on June 01, 2019, the vehicle was towed away for service and maintenance by your company’s authorized service centre named Alysons Automotives Private Limited, 13/373, 13/374 Ambattukavu, Aluva Ernakulam- 683106. Unfortunately, this service centre has stopped their business and the said vehicle is in the custody of Alysons Automotives Private Limited, which is not repaired and handed over to my possession till date. I have made several requests and demands to revert my vehicle, but your company’s authorized service centre found one or other reason to keep the vehicle in their custody. Kindly note that there is no negligence or laches on my part and the vehicle is not in my possession for the last 03 years. Due to the non-receipt of the vehicle and no response from your company’s authorized service centre, I am unable to pay the insurance premium of the vehicle having Policy No: 441700/31/2022/7551 with The Oriental Insurance Company Limited, Muvattupuzha. Moreover, your company and the service centre have neither repaired the defects nor replaced the vehicle with a brand new one.

For your information I purchased this vehicle from T V Sundram Iyengar & Sons (P) Ltd, NH Kaloor, Cochin, Ernakulam Kerala - 682017 on[protected]. Immediately after its delivery and on taking possession of this vehicle, I have noticed unfinished painting parts with metal corrosion in its body and engine room etc; along with water accumulation in the headlights; and on notice of this fact to the T V Sundram Iyengar & Sons (P) Ltd, one of their staff immediately took this vehicle for service and thereafter the same was returned to me without causing any service centre in the service book, but with an acknowledgement executed by the staff that he has received the vehicle the vehicle from me with notice of these defects. This incident occurred even before the first usage of the vehicle by me.

After the inspection I reliably learned that there is a manufacturing defect in this vehicle and the same is the reason for the accident that has happened. I strongly believe that this vehicle will not be fit for reuse even after its service and the defect found could not be rectified in its routine course. This vehicle is the mainstay of my business and I suffered special pecuniary loss caused by the non-user of this vehicle. I suffered a lot of hardships, mental agony as general damages. On every day I require an extra amount of Rs 1000/- as lease for the vehicle that is now in use. Again the estimated loss convenience at Rs 200/- per day. The mental agony and hardships including loss opportunity are continuous in nature and the loss is estimated at Rs 800/- per day. Hence the total loss is estimated at Rs 2000/- per day which accumulates Rs 60, 000/- per month. Thus I find the total loss per month at 13.28 % of my principal investment on this vehicle. I request your good office to take necessary actions to replace the defective vehicle with a brand new one and to pay off the insurance premium due amount.

I hope that you will definitely cater my plea and I shall be highly obliged for your cooperation in this regard. Kindly do the needful in this regard.

I look forward to hearing from you and would appreciate it if you could provide me with a sincere response at the earliest.
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