Maruti Udyog, dealer asked to refund customer for damaging car

Ahmedabad, Oct 8 (UNI) The Consumer Redressal Forum has directed Maruti Udyog and its dealer Cargo Motors here in the city to refund the full price of a car that a customer had purchased but which was damaged while the representative of the dealer was driving it to get ''RTO passing''.

Sujata V Sur from Ahmedabad had purchased a new Wagon R from Cargo Motors at Rs 394,662 on September 25, 2004, and the price included RTO tax, insurance, octroi, registration charges, and municipal tax on September 25, 2004.

The car was delivered at her residence on October 16 in the same year without any temporary registration number. The dealer promised to collect the car for ''RTO passing'' and registration two days later. The RTO charges of Rs 1,800 had already been paid by Sujata earlier.

The Wagon R was collected on October 20 from Sujata's residence by a representative of the dealer. On the way to the RTO, the car met with an accident. The representative informed Sujata of the accident on phone and forced her to accept the damaged car.

With the help of Consumer Education Research and Society (CERS), Sujata filed a complaint with the Forum.

Maruti Udyog and Cargo Motors contended that it was not a consumer complaint and that once the vehicle had been delivered, it became the duty of the consumer to get it registered with the RTO and obtain a temporary or permanent registration number. They also denied any liability to refund the amount or repair the vehicle free of cost in such a case where it had met with an accident on the way to RTO for registration.

The Forum decided that the delivery of the car to Sujata without a temporary registration number by Cargo Motors was in contravention of Rule 42 of the Motor Vehicles Act 1989. Cargo Motors had contended that they had delivered the vehicle under extraordinary circumstances but could not substantiate it to the Forum.

The Forum has ordered Maruti Udyog and Cargo Motors to jointly pay Rs 394,662 (the full price of the car, including other expenses like RTO, municipal charges and others) to Sujata within two months from the date of the order. The Forum also ordered Maruti Udyog and Cargo Motors to pay Rs 2000 towards cost to Sujata.

UNI