Skoda India — Notice against defective car

Address:

Skoda Auto (Volkswagen) India Pvt. Ltd. E-1, MIDC Industrial Area, Phase- III, Village Nigoje, Mhalunge, Kharabwadi, Chakan, Taluka Khed, Pune- 410501

To,
TheChairman/Managing Director,
Skoda Auto (Volkswagen) India Pvt. Ltd. E-1, MIDC Industrial Area, Phase- III,
Village Nigoje, Mhalunge, Kharabwadi,
Chakan, Taluka Khed, Pune- 410501 (Maharashtra)
Sub: Notice against defective car and deficiency ofservicesprovided by you.
Dear Sir, to the instructions from and on behalf ofmy client Bharat Aluminium & Glass, Pursuant 9, Near Achelles Public School, CDA, Cuttack-753014
Resident of Plot No- B1/6, Sector-
and Mr.Aman Kyal being the proprietor
as the aggrieved party do hereby serve you with the following The undersigned is a consumer as. defined under Consumer
including all taxes& Insurance.
The said vehicle is defective due to the following reasons:
ofBharat Aluminium & Glass shall be addressed Legal Notice:-
purchased a car vide vehicle number being OD 05 BH 2151 dated 28th August, paying an amount about Rs. 13, 90, 000/- (Rupees thirteen lacs ninety thousands
• The vehicle broke down in middle of the road and did not start even afterrepeated
attempts.
• The vehicle was showing a battery error while attempting to start it.
• The air conditioner was also not working after the vehicle started.
•The EPC warningwas not working which wouldhave led toany kind ofaccident.
• There was a warning being shown that the ABS and brakes may not work which might
have given rise to abig mishap.
The aggrieved party had bought Skoda Slavia 1.0 Ambition Manual model at the price of
including al taxes from (Trinity) Durgesh Motors Pvt. Ltd., Pratap Nagari, Bhubaneshwar (Cuttack) 753011 on 28th August, 2022 and in other successive days, the
Rs.13, 90, 000/-
aggrieved party hasfaced major technical problems in the vehicle repeatedly.
On 9th September, 2022, the aggrieved party's father, Mr Tapesh Kyal aged about 5 years was driving the car. The car broke down at Bhubaneswar in the middle of the road. Even after repeatedly trying to start the car, the car did not start andh e had to take the help of passer-by to push and start the car. After the car started, the air conditioner also stopped
working. Later, on that day itself the carwas given to(Trinity) Durgesh Motors forrepair and it was ensured by them that the car will be repaired within 2-3 days but the car was repaired in 4-5 days. The repair was made after several reminders and complaints. The company had ensured my client that the vehicle won't have any further problems and will be run smoothly.
On second instance on Ist October, 2022, the aggrieved party's wife, Mrs.Saloni Garg aged about 27 years was driving the carand she faced the same problems. She also had to take the help of others and get the car started by pushing it. On taking the car ot Durgesh Motors, Bhubaneshwar (Cuttack), they were clueless about how the problem arose again & again and were unable to answer why such type of problems are arising and by what time the car can bestopped working.
As there was a five days holiday starting from 2nd October, 2022, my client had planned for a road trip in the abovementioned car and had made al the bookings regarding the
same. But due ot the unavailability of the car, my client hadto cancel allhis bookings and due to which he had to bear the huge financial losses. My client had urged Durgesh Motors for a spare car but it had turned into a deniable action.
The aggrieved party is suffering a lot of financial issues, mental tension, stress and inconvenience due to the unavailability of the car and the poor service being provided to him. For this reason, my client claims to receive Rs.5000/-(Rupees five thousand only) per day for the number of days the car has been kept for repairing due to your defective car.
My client assertsto receive the car only after it has been repaired and the company gives a written statement stating that fi the car breaks down again with the same problem even after the repairing is done, the company shall refund the whole amount with interest ofthe vehicle which has been paid by the aggrieved party or replace the car within 7 davs of the breakdown. My client has appealed so as he no longer has anyconfidence in the vehicle. The above mentioned act has caused my client a great financial loss and damages besides
mental tension, trauma and inconvenience and loss of value of money. You are hereby
. . asked to replace/repair the vehicle and reimburse the amount claimed by my client for the mental tension and inconvenience caused to him immediately within thirty days of receipt
of this notice failing to which the undersigned shall be free totake legal proceedings as per law both civil/criminal against your act at Cuttack ofunfair trade practices and deficiency of services and shall seek the refund of the amount paid to you with interest and impending liability for damages.
You may so choose to ignore this notice at your own risk & cost. Copy of this noticei s retained with me for futureuse.
The cost ofnoticejs fixed at Rs. 10, 000%- Yourssincerely.
ArunKum&tBudhia Advocate
C.C. To, (Trinity) Durgesh Motors Pvt. Ltd. Pratap Nagari, Cuttack-Bhubaneswar