Rajasthan

StateCommission

A/1180/2017

Chevrolet Selles India Pvt. Ltd. Through Derector - Complainant(s)

Versus

Sachin Mangal s/o O.P.Gupta - Opp.Party(s)

Umesh Nagpal

08 Jan 2019

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 1180/2017

 

Chevrolet Sales India Pvt.Ltd. through Director Shri Chanderpura Industrial Estate, Halol Distt Panchmahal, Gujarat & ors.

Vs.

Sachin Mangal s/o O.P.Gupta r/o 14/98 Malviya Nagar, Jaipur.

 

 

Date of Order 8.1.2019

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mrs. Meena Mehta -Member

 

Mr. Ajay Raj Tantia counsel for the appellants

None present for the respondent

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

2

 

This appeal is filed against the order of the learned District Forum, Jaipur 2^nd dated 11.8.2017 whereby the claim is allowed against the appellant.

 

The contention of the appellant is that in brochure average of the car was claimed as 22.1 km.per lt. but this average was subject to use in optimum conditions. Hence claim should have been dismissed

 

Heard the counsel for the appellant and perused the impugned judgment as well as original record of the case.

 

There is no dispute about the fact that the complainant purchased the car on 8.12.2012. The brochure Ex. 3 claims the average of the fuel efficiency as 22.1 for diesel version.

 

The contention of the appellant is that vehicle was not repaired or get serviced on the required duration but no documentary evidence has been submitted to prove this fact.

 

Per contra the complainant has submitted service orders

 

 

3

 

Ex. 6 to 9 which clearly shows that services were undertaken regularly. Vide Anx. 8 service was made wherein respondent complainant made specific complaint about the low average. Same complaint was repeated in Anx. 9 in July 2013 but this defect has not been cured. Even test drive has been made by the appellant and Anx. 4 suggest that in test driving the average was found only 15 km.per lt.

 

The appellant has relied upon judgment passed by the National Commission in Revision Petition No. 3666/2014 Emm Pee Motors Ltd. Vs. Ramesh Kumar Bamal where a specific disclaimer was mentioned in the brochure and mileage was claimed on the test conducted by third party and the National Commission has not relied upon the report of Punjab Engineering College, Chandigarh where vehicle was driven in the city. Here in the present case no disclaimer is being found in the brochure. Per contra at two places specific contention has been made that for diesel version the average is 22.1 km.per lt. and when the appellant authorized service

 

 

4

 

provider has tested the mileage it was found only 15 km. per lt.

 

In view of the above, there is no merit in this appeal and stands dismissed.

 

(Meena Mehta) (Nisha Gupta)

Member President

 

 

nm