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Maruti beats GM SUV !!! That’s the reason Ashok Tolat filed a complaint with the Ahmedabad Consumer Dispute Redressal Forum (ACDRF), seeking damages.
In a landmark verdict, the forum has asked General Motors to pay the customer Rs 14 lakh with 9% interest. The forum ordered that compensation be paid as GM followed ‘‘unfair trade practices claiming that the Forester was an SUV which could be driven on roads and also on no-roads.’’
The forum also also asked the dealer to pay up over Rs 1 lakh spent on accessories and another Rs 7,000 towards litigation costs and for causing mental and physical agony to Tolat.
The General Motors brochure states that the vehicle can be comfortably driven on ‘‘on road, off-road or no-road’’ (through water). This was used by Tolat, 76, and a retired electronics engineer, to fight his case.
‘‘I had purchased the car on June 1, 2004. I wanted an SUV since I love driving to places with rough terrain like Kathmandu and Ladakh. The dealer had shown me a VCD on the Forester which mentioned that the car could be driven with ease on all terrains,’’ says Tolat.
Tolat says he was specific about his requirements. ‘‘I wanted to drive in water and dirt tracks. Had I wanted a simple car, why would I have bought an SUV?’’ Few months later, Tolat found the car could not be driven off the road or in water.
The fineprint in the user’s manual stated: ‘‘If driving through waters, such as when crossing shallow streams, first check the depth of water and ensure that the stream bed is firm and flat... water entering the engine air intake or the exhaust pipe or water splashing onto electrical parts may damage your vehicle and may cause it to stall’’.
Tolat’s lawyer Satyajit P Sen says, ‘‘The specifications mentioned on the company’s website and brochures were not found in the car.’’ Tolat adds there were problems like engine malfunctioning. Many a times it broke down and stalled midway even in shallow waters, he said, while small cars like Maruti 800 passed by.
An irked Tolat wrote to GM India and the dealer. ‘‘The company people were very arrogant,’’ says Tolat, who then decided to move the consumer court. ‘‘The Consumer Education and Research Centre took Rs 15,000 in advance, but returned it later refusing the fight my case.’’
Now, despite the forum’s order passed over a month ago, there has been no response from the company. Tolat’s next step will be to file an application for execution of the order. Despite repeated attempts, GM did not comment on the development. | ||||
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