Application for change of assembled vehicle being the deficiency in service on behalf of General Motors India Private Limited, in the alternative to change the defective parts i.e. sensor, Shock absorbers, the Respondents be directed to pay a sum of Rupees 5 Lakhs as damages for causing metal and physical harassment to the petitioner, in case the vehicle is not replaced by them.
1. That my client had purchased a Chevrolet
Optra Magnum car LT-3.0, bearing Engine No. Z[protected]K and chassis no HJO6826 from your dealer M/s Padam Motors, Rajpura Road Patiala on 30 April 2009 and used the vehicle according to terms and conditions of the company.
2. That but to the surprise of my client when he went to dealer for the third service of car which was agreed to be a free service my client after service noted that a red signal of balloon has appeared on the dashboard where emergency signs are displayed regarding electronic failure. My client inquired from the servicing manager why this sign has appeared and what does it indicate? Then he told my client that a small electronic part had got damaged that may have damaged due to moisture or intake of water in that part. But that part was shown to be very high upon the engine side where water can only reach if the entire car is dipped in a pound of water. My client insisted them to change the damaged part but he came to know that this component is not covered by any warranty or guaranty because the component is damaged due to moisture or by the intake of water. On the other hand they demanded a sum of Rupees 15000/- to replace that part from the pocket of my client but the dealer party refused to change the damaged part by saying that this part is not covered by guarantee. It is worth mentioning here that in the northern part of India, especially in Punjab and Haryana states, no monsoon rain yet started and the entire area is going to be drought affected area upto now. There has not been a widespread monsoon or pre monsoon rain. Therefore question does not arise regarding the dipping of entire car in the water. So the pretext of the car dealer that this part is damaged due to water or moisture is quietly baseless.
3. That if my client had not observed timely the light regarding the damaged part and remained driving the car, supposing it to be okay than this could have resulted in the life of my client and his family, as that component controls the opening of the safety balloon. If he had not changed this component, than it can be more dangerous in coming time. If my client met with an accident than the safety balloon will not work due to that damaged component and he could have lost his life or the life of his family.
4. That after two days my client noted that the speedometer of car is not working and again he complaint about it, but the service manager told him that the component which operates the speedometer now it is damaged and have to be replaced, but we have not it in our stock so minimum 1 month is required to change that component.
5. That the dealer of the company makes false excuse and continually harass the complainant. On ____________ again complainant went to Sangrur dealer to get the service of the car. After check-up the foreman told him that the rear shock observers are leaked and we have to change with new one. When complainant enquire about the warranty of the shock observers, he came to know that it is true that these components are covered by the guarantee on two conditions first one is the vehicle has not covered 50,000/- Kilometres or date of purchase of vehicle is not more than 2 years. Both the conditions are applicable in case of complainant but still the dealer declined to change the shocker of the car under the pretext that the complainant have missed the service of the vehicle. The complainant clearly told him that no service of the car is missed except one service which he got from Dynamic Motors, Chandigarh which is also a registered dealer of the General Motors. But they refused to change the damaged shockers. At last, complainant told them to change with new one and gave payment of Rupees 7000/- from his pocket.
6. That the dealers both Sangrur and Patiala are making fool and try to hide the terms and conditions of the company in favour of the customers. Which is not a fair practice?
8. That from the above mentioned bundle of facts it clearly establishes that my client has been delivered an assembled piece. Which was not worth motor able on the road immediate change of car of my client is required, so that he may enjoy the worth of his hard earned money.
9. That this clearly amounts to the deficiency in service by the G. M. Motors India Private Limited through its dealer Padam Motors Rajpura Road Patiala.
10. That my client purchased this car after seeing an interview of the MD G. M. Motors America that though Chevrolet
is going huge economic crises but we will not allow our customers in India to suffer due to the lack of spare parts of the cars launched in India by our Company and our company wants to launch a new car within few months in India.
11. That this amounts to serious deficiency in service of the company my client has only driven the car not more than 10000 Kilometres’ so immediate replacement of the piece is required forthwith, failing which my client will be at liberty to claim compensation regarding the deficiency in service and mental and physical harassment suffered by him who is a professional legal practitioner;.
It is therefore, respectfully submitted that the piece delivered to my client may kindly be replaced within 10 days from the receipt of this notice, otherwise serious legal action will be taken against the company as well as its dealer, you will have to pay the entire expenses incurred by my client upon such litigation which will be started at the initiation of your side.
Dated 29/8/2010 Padam Paul