Hello
@sinharrk
I'm sorry to hear about the issues you've encountered with the servicing of your Maruti Suzuki Dzire ZXI at Nikunj Motors, Gole Ka Mandir, Gwalior. Based on your complaint on ConsumerCourt.net, it appears that the service center took over 15 days to address a fault not attributable to the nature of the defect and charged you ₹44,000 for the service. This situation may constitute a deficiency in service under the Consumer Protection Act, 2019.
Summary of Your Complaint
- Vehicle Model: Maruti Suzuki Dzire ZXI
- Service Center: Nikunj Motors, Gole Ka Mandir, Gwalior
- Issue: Faulty servicing leading to prolonged inconvenience and a service charge of ₹44,000
- Time Taken: Over 15 days to address the issue
- Loss Incurred: ₹44,000
Legal Grounds
Under the Consumer Protection Act, 2019, consumers are entitled to services that are free from deficiencies. A deficiency in service refers to any fault, imperfection, shortcoming, or inadequacy in the quality, nature, or manner of performance required to be maintained under any law or contract. In your case, the prolonged delay and the nature of the service provided may fall under this definition.
Recommended Actions
- Document All Communications:
- Gather all receipts, service reports, emails, messages, and any other correspondence with Nikunj Motors.
- Take photographs or videos of the vehicle before and after the service, if available.
- Send a Legal Notice to Nikunj Motors:
- Draft a detailed Legal Notice outlining the issues faced, the inconvenience caused, and the financial loss incurred.
- Request a refund or compensation for the deficient service.
- Send this complaint via Registered Post Acknowledgment Due (RPAD) to ensure proof of delivery.
- Approach the Consumer Disputes Redressal Commission:
- Jurisdiction: For claims up to ₹1 crore, file the complaint with the District Consumer Disputes Redressal Commission.
- Online Filing: You can file the complaint online via the e-jagriti Platform: Ministry of Consumer Affairs, Food, and Public Distribution, Government of India claiming:
- Compensation for mental agony and financial loss - ₹ 200000/-.
- Litigation charges - ₹ 25000/-
- Refund - ₹44,000/-
- Documents Required:
- Copy of the formal complaint sent to Nikunj Motors
- All service-related documents and receipts
- Photographs or videos evidencing the issue
- Any correspondence with Maruti Suzuki
Important Tips
- Ensure that all your communications are clear, concise, and factual.
- Keep copies of all documents and correspondence for your records.
- Follow up regularly with the concerned parties and document all interactions.
Legal Precedents
View similar case against Maruti Suzuki.
NCDRC -
JAYENDER & 2 ORS. V/S MARUTI SUZUKI INDIA LIMITED - Maruti is directed to pay lump sum compensation of Rs.75,000 to the complainant within a period of one month from the date of this order. In the event of delay beyond one month, interest @ 9% shall be paid on the said amount for such extended period, and also directed to pay Rs.50,000 to the complainant as costs of litigation.
Consumer Court Case against JAYENDER & 2 ORS. V/S MARUTI SUZUKI INDIA LIMITED - Consumer Court Case against - JAYENDER & 2 ORS.
www.consumercourt.in
Delhi - South West -
Maruti Suzuki India Ltd. V/S ASHWANI GUPTA - Maruti Suzuki were deficient in rendering the service as promised to the complainant when he purchased the car. Hence, direct them to repair the complainant's vehicle and replace all the defective parts to make it road-worthy without any charges to be incurred by him within two months of receipt of this order.
Alternatively, the Maruti Suzuki may pay a sum of Rs.1,00,000/- towards the same. The Maruti Suzuki shall also pay the complainant a sum of Rs.50,000/- towards mental agony and harassment he faced due to their inability to repair the complainant's new car and Rs.10,000/- towards litigation charges.
Consumer Court Case against Maruti Suzuki India Ltd. V/S ASHWANI GUPTA - Consumer Court Case against - Maruti Suzuki India Ltd.
www.consumercourt.in
Important Tip:
Before taking legal action, it is advisable to first send a legal notice to the Opposite Party.
Note:
We can assist in:
- Drafting professional legal notices.
- Filing consumer complaints for deficiency in service.
Feel free to contact us if you wish to proceed with a
legal notice draft or
complaint preparation.
Regards,
Support Team