[blackwasp]

Thanks to Hari Pal Dabas for sending this in. Heartfelt gratitude for sharing it with other enthusiasts via this Team-BHP page!

Hari Pal shares his experience:

I, Hari Pal Dabas from Delhi, am writing this letter on behalf of myself that I was the real Complainant in Case No. 542/2014, Haripal vs T.R Sawhney Motors Pvt. Ltd. & Maruti Suzuki and Authorized Representative in Case No. 1553/2014, Amit Dabas vs Maruti Suzuki & T.R Sawhney Motors Pvt. Ltd. at Consumer Forum Shalimar Bagh, Delhi-88.

I had fought two cases from the above both Companies from March 2014 to Sep 2019 in Consumer Forum, Shalimar Bagh, Delhi because someone made my brand new Car disappeared and appeared as a dented-painted car. He was not a magician, but he is T.R Sawhney Motors Pvt. Ltd. There was a case in my brother's name, but all the money to get the new car was mine so I was an A/R (Authorized Representative) in his case.

I did not file a Court case for a long time as I was confident that India's largest car manufacturing company Maruti Suzuki, is a Company of its reputation and standards and the Car Manufacturer would take action on my Complaint no. 4410443809 Dated 14.04.2014, against their Dealer and order to its Dealer to deliver brand new Car to the me and will ensure Customer Satisfaction but Maruti Suzuki remained completely silent for the last 6 years. It is also not clear as to why OP1 (Maruti Suzuki) & OP2 (T.R Sawhney Motors Pvt. Ltd.) also has not appointed an expert by its own to show Complainant and Hon'ble Forum that there was no repaint/ defect in both cars in the last 6 years.

On Dated 03.10.2016, the OP2 Proxy Counsel appeared in the Hon’ble Forum and filed a Photo Copy of two Banker’s Cheque dated 19.11.2014 with “original signature” of former President/Member and “original received" was mentioned on this and said that OP2 had returned the Complainant's money along with interest. ANNEXURE – A & B

Again on 16.03.2017 counsel for the OP2, deposed in the Hon’ble Forum that the “OP2 had filed two Demand Drafts dated 19.11.2014 for a total sum of Rs. 1,47,500/- & Rs. 9214/- respectively and the same was received by the Hon'ble member of this predecessor Forum on Dated 30.06.2015”. ANNEXURE – C

I denied the same and told the Hon’ble Forum that above two Banker’s Cheques were not of any work because the Banker’s Cheques are valid for only 3 months and the OP2 deposited the invalid Banker’s Cheques after 7 months from its released date. Hon’ble Forum ordered OP2 to submit bank statements regarding both missing banker’s Cheques.

Instead of presenting the Bank's statement on next dates, the OP2 again offered to pay above said amount to me along with interest with a great pressure from the Hon’ble Forum on me and the Forum acted as the Authorized Representative of the OP2. I filed an application to take strict action on false testimony, but after three years, my prayer was left without consideration by the Hon’ble Forum. ANNEXURE – D

In the last six years I got the experience that Consumer Disputes Redressal Forum (N/W) Shalimar Bagh is not redressing consumer’s grievances, Completely failed in protecting consumer's rights, created insecurity/instability in consumers, developed a strong consumer unguarded moment, full protectionism for big companies in the Forum room , company’s amazing ingress in Judiciary and get threat “you will get relief only from us not from State Commission Or National Commission”. I, after selling my old Car and collecting the money deposited in SBI by my children and taking a HDFC Bank loan, went to buy a defect-free brand new car and not the Headache, Trouble and Libel from OP2/T.R Sawhney Motors Pvt. Ltd.

While the government's Advertisement says Jaago Ggrahak, Jaago, it often means getting more harassed, and while paying from your own pocket.

The Hon’ble Forum Shalimar Bagh kept my Case files suppressed for about a year due to the non agreement as per according to the opposition and Forum and redeemed himself by blaming the head clerk on the Order sheet for the action. ANNEXURE – E

After about 6 years, the Hon’ble Forum Shalimar Bagh has ordered in CC No. 1553/2014 that OP2 held guilty of deficiency in service and unfair trade practice. Thus holding guilty for the same, Hon’ble Forum Shalimar Bagh directs the OP2 i.e. T.R Sawhney Motors Pvt. Ltd., A-27, Pushpanjali Enclave, Pitampura, Delhi-110034 As under:

1.To pay Complainant an amount of Rs 1,47,500/- being the amount deposited.

2. To pay Complainant an amount of Rs 40,000/- as compensation for harassment and mental agony suffered.

3. To pay Complainant an amount of Rs 8000/- as litigation.

The above amount shall be paid by OP2 to Complainant within 30 days from the date of receiving a copy of this order falling which OP shall be liable to pay interest on the entire awarded amount @10% per annum from the date of receiving a copy of this order till the date of payment.

I was thinking that the OP2 i.e. T.R Sawhney Motors Pvt. Ltd., A-27,Pushpanjali Enclave, Pitampura, Delhi-110034 would go to the Higher Court against the decision of the Hon'ble Consumer Forum to save the credibility of its dealership but pleased by the decision of the Hon'ble Forum, the OP2 immediately presented a Demand Draft of the entire above amount in the Hon'ble Consumer Forum to deliver to Complainant. ANNEXURE – F & G

The Hon'ble Forum has issued a summons to the Complainant to appear on 28 Nov 2019 and put his views on Demand Drafts Amount. This means that the OP2 Car Dealer sells an Accidental/Repainted/Displayed/Crashed car to the Customers and then harasses the Customer in court for about 6 years. If OP2 deliberately sells an old car instead of a new one, its trade license should be cancelled.

Searching on Google, many Customers have accused the same Car Dealer, T.R Sawhney Motors Pvt. Ltd. with same allegations as Complainant . How can a Car Dealer sell an accidental car to customers at the new car showroom by taking money for a brand new car.

Please check my words in every aspect and then take strict action (Cancel Trade License) on that Car Dealer for selling repainted Cars instead of the new one.

No wonder, now I also have this simple advice: "For anyone going to a consumer court, the courts aren't so consumer-friendly and there should be a strong financial reason to fight the case. If you want to make an ethical point or have been cheated of a small amount, it's just not worth it."

But

Stand up against wrong/immoral things going around you and definitely a change will take place sooner or later. Being ignorant towards these cheaters/scammers is the biggest weapon available to them.
You will win not immediately but definitely...

[itisravi]

A measly sumof Rs 40,000 for harassment and mental agony over 6 years is a joke. Just imagine if this were to happen in some other country. The settlement would well be over the cost of the entire car.

For anyone going to a consumer court, the courts aren't so consumer-friendly and there should be a strong financial reason to fight the case........... You will win not immediately but definitely...

As unfortunate as it is, I really wish this sentiment stopped. Six years ! Sorry, but justice delayed is justice denied. This is a fail on the judicial system.

Looks like the repaint con job happens time and again. I found at least two[*] reports on team-bhp with similar complaints.
[*] https://www.team-bhp.com/forum/india...ml#post1978686 (Dealer sells a repainted car as "new"!)

https://www.team-bhp.com/forum/india...ml#post3574124 (Repainted Duster sold as brand new by Renault South Delhi (M/s Sprint Cars, Delhi))

[wheelguy]

Surprised to see the silence, why the stark difference between this thread and similar thread belonging to Tata Harrier? Why there aren't any reactions?

Is this topic/issue already discussed to death previously or am I missing anything?

What is Maruti's response to this issue? did it just ignore, or did it acknowledge the mistake, doesn't Maruti have any responsibility in this case/issue?

If Maruti recognized the mistake from the dealer side and acknowledged it, it would have pushed the dealer to resolve the issue amicably, but looks like neither dealer nor the Maruti budged and so it went to the court and took its sweet time to be resolved. Is not arrogance from Maruti's side?

So much for the famed Maruti brand.

[sandhyab]

T. R. Sawhney has atleast 5-6 showrooms in Delhi alone, some for Maruti and some of Nexa brand, that is why I believe Maruti would be silent. They don't want to jeopardize their relationship with this big dealer. Its really sad and pathetic to be honest. This does not seem like justice served to me.

[Chetan_Rao]

40000 INR compensation and 8000 INR litigation charge coverage for SIX years of being put through the grinder?

Might as well shut the Consumer Forum down because we have enough jokes masquerading as redressal mechanisms already.

Maruti isn't any better than any other operator in the market, are arguably worse in a lot of respects considering their market leadership position (a debate for another thread), but they continue to abuse goodwill built decades ago.

[aim120]

Originally Posted by wheelguy

Surprised to see the silence, why the stark difference between this thread and similar thread belonging to Tata Harrier? Why there aren't any reactions?

What I notice in Team Bhp forum is that most members are Online on weekdays, I am guessing from there offices. On weekends I find less activity here.

But the compensation is a joke in our country and it needs to be changed.
Is there a law which puts a cap on compensation?

[gutsy]

Originally Posted by wheelguy

Surprised to see the silence, why the stark difference between this thread and similar thread belonging to Tata Harrier? Why there aren't any reactions? ..

So much for the famed Maruti brand.

Perhaps, members don't have much interest in Maruti and are more keen to bash TML, whether relevant or not.

Moreover, do Maruti even cares about the reactions here? I doubt.

Needless to say, 40K is too little, but tells a lot about arrogance of Maruti and its dealership.

[wheelguy]

Originally Posted by aim120

What I notice in Team Bhp forum is that most members are Online on weekdays, I am guessing from there offices. On weekends I find less activity here.

But the compensation is a joke in our country and it needs to be changed.
Is there a law which puts a cap on compensation?

Tata Harrier thread started on Wednesday 6th November which is a weekday and this thread started on Thursday 14th November which is also a weekday.

Originally Posted by gutsy

Perhaps, members don't have much interest in Maruti and are more keen to bash TML, whether relevant or not.

Moreover, do Maruti even cares about the reactions here? I doubt.

Needless to say, 40K is too little, but tells a lot about arrogance of Maruti and its dealership.

I agree with you. And our forum being the most respected and followed forum in India had its responsibility to maintain neutrality and unbiased-nature. Harrier thread was mentioned in the hot-threads section where it got the much needed attention and here lies this thread without a mention in the hot-threads section without getting the much needed attention, does it not need to go to that section to help/heed consumers/readers in their decisions. Even this thread needs a mention in the hot threads or news section.

And yes the compensation is a joke that too after 6 years of mental torture.

Just a look at both the threads shows the stark different undertones towards Tata and Maruti.

[ninjatalli]

Originally Posted by blackwasp

Thanks to Hari Pal Dabas for sending this in.

The OP (towards the end) is talking about another hearing on 28th Nov with a potential of pushing for the T.R Sawhney Motors dealership to lose his license as a possibility; is there any more visibility of that?


Request you to please add the dealership name "T.R Sawhney Motors Pvt. Ltd" to the thread name; this thread needs to be reflected in generic search on google when anyone does a search on T.R Sawhney Motors.

[gutsy]

Originally Posted by wheelguy

I agree with you. And our forum being the most respected and followed forum in India had its responsibility to maintain neutrality and unbiased-nature.

Indeed that is very evident and visible. Interesting part is not only the overstatement, but also extreme qualifiers and adjectives that are being used, such as niggle-laden, extremely flop, lost cause etc. The credibility gets questioned and objectivity gets lost with such points, howsoever relevant they might be.

[Jattitude]

Originally Posted by wheelguy

Tata Harrier thread started on Wednesday 6th November which is a weekday and this thread started on Thursday 14th November which is also a weekday.
=======
Just a look at both the threads shows the stark different undertones towards Tata and Maruti.

I second you on this. It's not just online, but offline too. People will be quick & happy to bash a small mistake by TML/ Mahindra, but will not speak much even if something big went wrong in a car by Suzuki, Hyundai, etc..

I've had friends tell me that they loved the Harrier as a product, but wouldn't buy it because of the logo of the manufacturer.