Toyota Kirloskar Motor Pvt Ltd — Complaint against Toyota

Address:New Delhi, Delhi

Date: 29.09.2015 LEGAL NOTICE i. Toyota Motor Corporation, Head Office 1 Toyota-Cho, Toyota City, Aichi Prefecture 471-8571, Japan. ii. Toyota Kirloskar Motor Pvt Ltd (Corporate Office) No.24, 10th Floor, Canberra Block, Vittal Mallya Road, Bangalore, Karnataka– 560001. iii. Galaxy Toyota, 69/1-A, Najafgarh Road, Moti Nagar Crossing, New Delhi-110015 iv. Galaxy Toyota, 137, 138, Bhisham Pitamah Marg, Arjun Nagar, Kotla Mubarakpur, New Delhi-110033 v. Galaxy Toyota, B-23, Okhla Industrial Area Phase - 1 New Delhi-110020 LEGAL NOTICE UNDER SECTION 28A OF THE CONSUMER PROTECTION ACT, 1986, SECTIONS 406/420, INDIAN PENAL CODE AND SECTION 4 OF THE COMPETITION ACT, 2002. 1. That on 17.02.2012, the undersigned bought a “Toyota Corolla Altis”, top end version (manual transmission) bearing registration no. DL3C BD 5705 from Noticee No. (iv). 2. That the very next day after delivery of my vehicle, the undersigned noticed that all the outer metallic body parts of the vehicle were totally rusted. He immediately complained to the dealer and after hectic persuasion, they agreed to replace the metallic parts including the logo et cetera. The undersigned insisted on a new vehicle since one day old vehicle could not have such a major rusting problem. However, the officials at the showroom persuaded the undersigned to keep the vehicle. Little did the unsuspecting undersigned know at that relevant time that he had been sold an old and defective vehicle. 3. Thereafter, after about a month the boot of the vehicle did not open from inside through the lever and had to be opened through the remote after shutting the engine of the car. Again after hectic persuasion the said defect was remedied. 4. The miseries of the undersigned were not to end and he noticed that the rear bumper of the car started looking patchy. It was evident that the rear bumper had been repainted and the patches had started to emerge. Also, to his utter shock and dismay, he noticed that the black paint at the edges of both the side mirrors had started to peel off. The black paint of the side mirrors fell off every time the mirror was opened and closed. The black paint on the side of the mirror had a permanent coat of dust as the paint has completely worn out. The undersigned approached his dealer, Galaxy Toyota, Kotla and requested them to take care of his concerns. However, he was flatly told that they had sold the car and that it was his pro blem now. The undersigned was constrained to send a legal notice dated 07.07.2012 to the company as well to the dealer. 5. The car once again developed a serious problem sometime in the month of August 2015 when it developed an acute problem in its “spiral cables” and the Horn of the car stopped working. Furthermore, the car developed a leakage in both its rear suspension after doing only 23, 000kms in city conditions. 6. The undersigned sent his car to the service center of Noticee No. 4 on 02.08.2015. The service center confirmed the above manufacturing defects and quoted Rs. 14, 000/- (Rupees Fourteen Thousand approximately) for replacing the spiral cables and Rs. 7, 000/- (Rupees Seven Thousand approximately) for replacing the rear suspensions. It was intimated to the undersigned that the product was out of warranty since the warranty states that it covers “three years or 1, 00, 000 Kms” whichever is earlier. That the undersigned has no choice but to get these defective parts replaced from Toyota or its authorized dealers and, therefore, the noticees are abusing their dominant position in the relevant market. 7. The undersigned has only driven about 23, 000 kms in city conditions. The car is well maintained and self driven. That it goes for regular scheduled check-ups and services. 8. A high end product like “Corolla Altis” is expected to deliver better results and is expected to be hassel free. It is shocking that such defects surface within 25, 000kms of its being used. It is also appalling that the defects surface immediately after the expiry of the warranty period. That such sub-standard product is not expected from a premier brand like Toyota. 9. The terms of the warranty are also lopsided and the consumer falls victim of the dominant position of the car manufacturer. 10. The undersigned was constrained to send another legal notice dated 25.09.2015. (Copy Enclosed) 11. The dealer sent an email dated 26.09.2015 stating inter-alia as under:- “At the outset, we would like to inform you that, vehicle sales date is 15/02/2012 and warranty period of vehicle is 3 year or 1 lakh km, whichever is earlier. As per above the time period your vehicle is out of warranty. So the concerned part (spiral cable and rear shocker) is not covered under warranty. So on your special case, we will provide 10% discount on labour and 5% discount on parts as Goodwill gesture.” 12. The undersigned responded to the said reply vide email dated 26.09.2015 questioning the arrogance displayed by the dealer and also highlighting the fact that no explanination whatsoever had been offered by the dealer for the sub standard product. (Copy Enclosed) 13. That the undersigned receive d a call from the service centre of the dealer on 27.09.2015 requesting him to send his car to the service center. The undersigned agreed and his car was picked up on 28.09.2015 by the driver of the dealer. The car was kept for the entire day and the undersigned was once again informed that the car had a leakage in the rear suspensions and that the spiral cables had to be replaced at his own cost. 14. It is a matter of grave concern that consumers in India are being cheated by companies which are dumping cheap and substandard products in India. The undersigned has been sold a defective vehicle which has been giving problems from the first day of its purchase. The undersigned suspects that the vehicle was a “Demo Car” and a used vehicle. 15. The present legal notice is a continuation of the earlier legal notices dated 07.07.2012 and 25.09.2015 which demonstrates that the problem in the vehicle continues from 2012 onwards and, therefore, the warranty subsists even today. 16. In view of the above, I call upon you to forthwith change the defective parts as indicated in paras 5 and 6 hereinabove within 15 days of receipt of this notice, failing which I shall be constrained to take such legal action as deemed fit at your risk and cost. The undersigned reserves his right to appropriately claim for damages on account of mental agony, harassment etc. 17. This notice may be treated as notice under the Consumer Protection Act, 1986, Indian Penal Code and Competition Act, 2002. 18. A copy of this notice is being retained in the office of the undersigned for future legal purpose. (Anupam Lal Das)
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