Subject: Request to Mahindra and Mahindra Limited, to provide an appropriate resolution for making a customer use an defective product.
My Name: Abhijeet
My City: Mumbai
My Complaint Against: Mahindra NBS International Showroom
Complaint Category: Automobiles
Claim Amount (Approx.): 900000
My Complaint Description:
I had purchased the Scorpio LXI vehicle in December 2007, the vehicle insurance was getting expired on 4th December 2014. I got to know that the car is without chassis number and insurance company has refused. I did several followups but the company is not providing an acceptable resolution to me and I had to face public ridicule, loss of social reputation and this has affected my health and family, my work. Apart from this the question arise is how the car get pass through RTO and Insurance company and without chassis number embossed on it how can the car come out of the showroom. I always had a bad intuition that the car was not good since the time I had purchased it.
NATURE OF COMPLAINT-
Deficiency in services, unfair trade practices, mental agony and loss of social status.
Facts leading to the filing of the present Complaint Briefly stated, as follows;
On 7th December 2007 he had purchased a Mahindra Scorpio 2.6 LX car wide Chasis no:-72K99368, Engine no:-B574K66806 from NBS International Girgaum Showroom, this is a subsidiary of Mahindra and Mahindra.
The problem remains that when I approached the Bajaj Allianz for renewal of insurance of his car, I was informed by them that there is no chassis number embossed on it. I am shocked to hear this, immediately, I approached Sahayadri motors Service Center in Pune, which is an authorised service center and after inspection, they had also confirmed that the chassis number is not embossed.
Since then, I filed a complaint with the NBS officials but they forwarded the complaint to Mahindra Service Department, Sewri Branch, Mumbai.
The service center recommends to get the chassis number embossed and use the vehicle. I am not going to accept this recommendation as this to me is unfair trade practice. I had paid the complete vehicle price thinking that it is fit for usage. Now the insurance company deems it not fit for use as there is no chassis number embossed. Ideally the product should be replaced with a new one as I had put my family at risk for more than 7 years. I am blessed that there were no incidents with the vehicle.
The buyback offer is also not acceptable to me, as it does not allow me to buy another brand SUV vehicle which may allow some restoration to our social status nor the current faulty vehicle is replaced by the vendor.
I would like to assert that whenever the vehicle is taken for servicing in any of the authorised service centers, the chassis tag under the bonnet is only inspected but I gave his car several times for service at the authorised service centers only. None of their executives even checked the embossed chassis no. of the car while servicing the car, which is very disappointing.
The negligent and unprofessional attitude of the service centers has caused a great deal of monetary loss and mental agony to the Complainant. I made repeated requests to refund the amount spent on the vehicle and take back the faulty product. But none of his requests were entertained by the authorities.
I have suffered immense loss of money and reputation with this entire episode and this act by the service center amounts to deficient services and prima facie makes them liable under Section 2(1)(g) of the Consumer Protection Act, 1986. Section 2(1) (g) states that “deficiency” which means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. The action of the Opponents are further liable under Section 2(1)(r) of Consumer Protection Act, 1986, Unfair Trade Practice means an unfair trade practice as a “trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice….” The Act further goes on to describe that the practice of making any statement, whether orally or in writing, falsely representing that the goods are of particular standard, quality, quantity, grade, composition, style or model is an unfair trade practice.
Please refund the cost with interest I had to bear on the vehicle during all these years. As the vehicle handbook is not having a clear information on the location of the embossed chassis number location. If I had happen to notice that I could have at least got to return the defective product with urgency and bear minimum loss.
Just to add in August 2012, I had made major complaint about the vehicle not upto the mark and in email had request the Custom relationship department to buy back the product. Since I had the intuition that the product is faulty. I was recommended to change the tyres, do a suspension overhaul. I did all the changes as the safety of my family is utmost important to me. Now the last recommendation to get the chassis number is really unacceptable.
Requesting to consider my complaint, provide a fit resolution to have my, my fathers (Chandrakant Narayan Kale) and my brothers (Amit Chandrakant Kale) social status re-instated as which has been damaged.
Abhijeet Chandrakant Kale