[Resolved]  Skoda Auto — Skoda superb service isuue

Address:

Pune, Maharashtra, 411007

Manufacturer of Vehicles under the name and style “SKODA Auto India Pvt. Ltd”, while the Dealeris the authorized Dealer of the Company, as well as after sales and service provider, having authorized Service Station of the Company. AND The Complainant states and submits that the Complainant had purchased a Car from the Opponent Nos.1 and 2, known as “SKODA SUPERB” in the month of May 2009, accordingly after completing the sale and purchase formalities the said Car was registered with Regional Transport Authority Office, Pimpri-Chinchwad, Pune vide its registration No. MH-14BV-1100. It is pertinent to note here that previously also the Complainant had purchased earlier one ‘SKODA OCTAVIA’ AND It is submitted that, the said Vehicle i.e. ‘SKODA Superb’ bearing Registration No. MH-14 BV- 1100 was given for servicing to the Dealer in the month of January, 2013 for regular paid service, during the servicing work, the Vehicle met with a minor accident at the hands of one of the Staffers of the Dealer. After the said accident, the servicing work was done to the said Vehicle by the Dealer and was then handed over to the Complainant. After receiving the said Vehicle from the Dealer in the month of January, 2013 the Complainant noticed that the Vehicle was suddenly dropping the speed/pick up, during the running. The said problem was noticed by the Complainant on some times on highway during the regular travel of the Complainant, which was very serious. It will be pertinent to note here that till that time the said Vehicle had run only total distance of even less than 2000 kms. after servicing and started giving trouble of dropping the speed/pick up. As the problem was very much serious and vital, the said Vehicle was sent back by the Complainant to the Dealer for doing necessary repairs and to remove the said defects/problems of the Vehicle. The Dealer again delivered the said Vehicle to the Complainant informing the Complainant that now the Vehicle has been duly repaired for the said problem and assured the Complainant that the problem shall not persists any more. Despite the said assurances given by the Dealer, only within 8 (Eight) days the same problem persist and the Vehicle again started dropping the speed/pick up and the Complainant noticed and realized that the Vehicle has not been repaired thoroughly and properly in spite of specific instructions to the Dealer, which was absolutely not proper and justifiable. AND the Complainant states and submits that on 10.09.2013 again the said Vehicle started giving the same trouble repeatedly to the Complainant and hence the Vehicle was again sent to the Dealer for repairs of the same problem. On 11.11.2013, the said Vehicle was returned to the Complainant by the Dealer and raised a bill of Rs.13, 251/-only (Rupees Thirteen Thousand Two Hundred and Fifty One Only) as the cost of repairs. The said amount has been paid by the Complainant, and the Complainant was rest assured that now the Vehicle is absolutely having no any such problem/trouble/ defect and the problem of dropping the speed/pick up has been removed/rectified. However, despite the repeated repairs and despite the repeated assurances given by the Dealer, the Complainant realized and noticed that the said problem has not been properly rectified and again within 4 (Four) days i.e. on 15.11.2013 the said Vehicle started giving the same trouble again and again to the Complainant. AND the Complainant states and submits that on 15.11.2013 the said Vehicle has been given to the Dealer again for the same problem and the Dealer was requested by the Complainant to remove the said defect immediately. As a matter of fact and record that time the said Vehicle had not run even for more than 1000 kms. after the previous paid service as mentioned hereinabove, while surprisingly when the Complainant handed the Vehicle to the Dealer, the said vehicle has been run by the Dealer for more than 10000 Kms. for various test drives. Despite that, the problem was neither detected nor was it solved/rectified by the Dealer. Again on complaining about the same problem to the Dealer on 15.11.2013 the Dealer again assured to the Complainant that, Dealer shall do the needful and shall make every endeavour to repair the said Vehicle and also assured the Complainant that the said problem shall not persist any more. AND the Complainant states and submits that to the utter shock and surprise of the Complainant on 18.01.2014, the Complainant received one email from the representative of Dealer namely Mr. Jitendra Mali, in which it was mentioned by Dealer that the Vehicle has break down because of the wrong ATF Oil and its wrong quantity put in January, 2013. Further, Mr. Jitendra Mali, the representative of Dealer assured the Complainant that the Vehicle shall be repaired thoroughly and that too also without charging a single farthing to the Complainant. He also further conveyed that the said Vehicle also requires replacement of Gear box totally and also further informed the Complainant that expenses of the same shall be borne by either Dealer or by the Company and also further assured that Complainant shall not be billed for the same. Accordingly, the Complainant spoken telephonically with Mr. Jitendra Mali and given his consent to Mr. Jitendra Mali to do the needful in this regard and also informed Mr. Jitendra Mali to do the needful as early as possible but in sufficient time so that the Vehicle is repaired finally but thoroughly without any further problem/defects. The Complainant states and submits here that, it is pertinent to note that since 15.11.2013 the said Vehicle of the Complainant namely; SKODA SUPERB, bearing registration No. MH-14 BV-1100, has been lying with the Dealer, till today and the Dealer has neither repaired the said Vehicle nor delivered the same to the Complainant, till the date for the reasons best known to the Dealer, which is absolutely illegal not proper and not at all justifiable. The Complainant had to suffer tremendous inconvenience and mental agony due to this deficient service and unfair trade practice of Dealer in general and the Opponents in particular. As the Dealer is an agent and also an authorized service provider as well as authorized Service Station Holder of the Company, the Opponents, jointly and severally are liable and responsible for causing deficiency in service to the Complainant as well as also for indulging into unfair trade practice as contemplated under the Consumer Protection Act, 1986 which cannot be and ought not to be allowed.AND the Complainant has reminded and requested the Dealer many times since 15.11.2013 to repair the said Vehicle properly and thoroughly and hand over the same to the Complainant immediately but the Dealer in general and the Opponents in particular have failed and neglected to do so till today and the said Vehicle of the Complainant is still lying with the Dealer for no such legal and valid reason whatsoever and howsoever. It will be pertinent to note that the Dealer has stopped the entire communication in this regard and has not informed anything to the Complainant either in writing or by email which is absolutely absurd and illegal. It is made clear by the Complainant here that except the said email of the authorized representative of Dealer - Mr. Jitendra Mali dated 18.01.2014; there is absolutely no any communication from the Dealer or by the Company in this regard. AND as per the knowledge and information of the Complainant, which the Complainant believes to be true and correct that, neither any Technician nor any Engineer of the Opponent Nos.1 and 2 are able to find out the actual problem/S with the Vehicle of the Complainant and therefore the said defect has not been or could not have been solved/removed by the Opponent Nos.1 and 2 till the date. Therefore, now the Complainant suspects that, the said Vehicle purchased by the Complainant from the Company was having manufacturing problem/defect which was erupted that time and therefore the same could not have been solved/ rectified by the Opponent Nos. 1 and 2 till date. The complainant further submits and states that since 15. 11. 2013 i.e. for more than one year and two months, the said Vehicle of the Complainant is lying with the Dealer for proper detection of the exact problem and for repairs of the same. Thus the Opponent Nos. 1 and 2, jointly and severally, totally and absolutely failed to do the needful in this regard and have also failed totally to communicate anything in this regard to the Complainant to do the needful in this regard till date and therefore there is strong belief of the Complainant that the said problem was either manufacturing defect or has been occurred after the said servicing done in the month of January, 2013 and that is why the Opponents are unable to detect the exact problem. AND the Complainant states and submits that till the date on which the Vehicle was last given to the Dealer i.e. till 15. 11. 2013 the Complainant has incurred a total cost on repairing to the said Vehicle is Rs.1, 09, 944/- only (Rupees One Lakh Nine Thousand Nine Hundred Forty Four Only). In addition to the said repair cost, the Complainant has suffered a tremendous mental pain and agony due to the deficient service rendered by the Opponents, jointly and severally, to the Complainant for which the Opponents are jointly and severally liable and responsible. Finally, on 30.06.2014 the Complainant issued a legal notice to the Opponents through his Advocate and called upon the Opponents to carry out the necessary repairs, replacement in the said Vehicle within 8 (Eight) days from the receipt of the said notice or to pay amount of price, cost, damages, compensation as mentioned in the said notice, in detail. Despite the receipt of the said notice, the Opponents have not even reverted back to the Complainant till the date in any manner. The Opponents have not repaired the said Vehicle and have also failed to comply with the alternative demand of the Complainant, as mentioned in the above mentioned legal notice dated 30.06.2014 and therefore now the Complainant is left with no other option but to knock the doors of this Hon’ble Commission for the redressal of his grievances as against the Opponents. The Complainant further states and submits that, as there is absolutely no communication from the Opponents in this regard till date, the problem in the said Vehicle is not repairable or there is every possibility that the said problem was a manufacturing defect which, suddenly erupted after the servicing done by the Dealer in the month of January 2013 and therefore the Opponents are not even responding to the legal notice of the Complainant and therefore now the Opponents jointly and severally are required to be directed to refund the entire amount of the said Vehicle, cost of the repairs, damages, compensation along with heavy interest to the Complainant.