IIMT HOSPITAL & RESEARCH CENTRE, AGRA
Office/Res:- 67, Ganesh Nagar,
Lawyer’s Colony, Agra-282005
Mob: 8650260222
To, Date: 21/11/2012
1- Mr. Sudhir Rao
The Managing Director
Skoda Auto India Pvt. Ltd.
Plot N. A-1/1 Shendra
Fivestar Industrial Area
M.I.D.C. Aurangabad – 431201
(Maharashtra)
2- Mr. Sanjeev Ratan
Director/M.D.
M/s Shiel Ventures
Skoda Car Showroom
C-15, Nirbhay Nagar
Gailana Road,
P/s Sikandra, Agra.
Dear Sir,
Under instructions and authority from my client I.I.M.T. Hospital & Research Centre, Having its regd. office at Ganesh Nagar, Lawyer’s Colony, P/S New Agra. Distt. – Agra, through its chairman Dr. H.Sharma “Bairagi”, I have to serve on you the following legal notice:-
1- That my client is the owner of a Skoda Laura car having its chassis no. TMBBNJIZ5AA155121, Engine no. CLC004423 and Registration no. UP80BS0100 which was purchased by him from you noticee no. 2 vide your invoice no. SAV000069 date 30/10/2010 for Rs. 15,36,824/- .
2- That you notice no. 1 are the manufacturer of the aforesaid car and you notice no. 2 are the authorized dealer of notice no. 1 and you tell yourself fully responsible for the conduct of day to day business of your company.
3- That you notice no. 2 had induced my client to purchase the aforesaid car assuring that that was the no. 1 car & you would 24 Hrs. be available to the customer i.e. my client to give him the best of your services and you further suggested my client to purchase an extended warranty card also so as to enable you to allow /make the warranty claim till the end of 4 years to my client if required in future.
4- That my client, Relying on your fascinating and attractive assurances, purchased the aforesaid car from you noticee no. 2 on 30/10/2010 and began to use it according to the instructions and norms mentioned in service book and verbally stated by you.
5- That my client was in wonder on the very first day when the engine of the aforesaid car was under heat stroke and the smoke was seen from radiator while the car was driven hardly for 10 K.Ms. My client complained of this event with you notice no. 2 without any further delay but you noticee no.2 along with some senior and technical persons of your management, changed the coolant and asked my client not to be worried about this all and further suggested him to drive/use the aforesaid car without any tension telling that after being driven for some time the engine would be activated and then such grievances would automatically disappear.
6- That since, my client is using different models of car since last 30-40 Yrs., he was not
satisfied with your aforesaid view and again requested you to get it technically examined
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by some expert/engineer etc. but you turned deaf and did not pay any heed towards the grievances of my client and assured him again to carry and use the car telling that there was no manufacturing/technical/ mechanical defect in car.
7- That since the aforesaid car could not be driven smoothly, my client was unable to use it in such position and from your side no satisfactory action was taken except to change the coolant again & again. My client again brought the car to your workshop and requested you to get it properly examined by your staff/engineer etc. you kept the car at your workshop for about 15 days and there after delivered it to my client telling that that was fully tested & there were some defaults in engine as per advice of your engineer which were removed. My client relying on your assurances brought the car back from your workshop. Later on, on so many occasions, my client brought the aforesaid car to your workshop due to the same problem but you did not remove the problems except to change the coolant again & again.
8- That one day in the M/o June 2012 and there after one day in the M/o July 2012 the aforesaid car, due to engine’s heating up, stopped on the way which caused an irreparable mental and pecuniary injury to my client. Subsequently on dt: 27/10/2012 when my client was travelling by the aforesaid car, to delhi, the engine got heat up and the car stopped on N.H. 2 which also caused a lot of troubles to my client regarding which my client again met with you noticee no. 2 on 29/10/2012 and asked you to replace the car on which you became annoyed and asked him “I will not do anything in respect of your car, you get out from my chamber” you do against me whatever you can”.
9- That since 29/10/2012 the aforesaid car is kept stationery at the premises of my client as it is absolutely unworthy of being driven on road. In this situation my client has been shocked to the core of his heart and he is suffering continuous loss caused by unuse of the said defected car.
10- That now my client has understood very well that you noticees were of dishonest intention since very beginning and having conspired the commission of offence mutually, you fraudulently and dishonestly, have deceived my client by way of inducing him to purchase a defected car and thereby you have obtained undue advantage for yourselves and caused an undue loss to my client and you have converted the property of my client to your own use, entrusted by my client with you against the cost of car & extended warranty etc. at the time of purchasing the car and on so many occasions payment made to you against repairing charges of the said car.
11- That from the above facts it is crystal clear that you noticees have cheated my client illegally, which in ordinary course of business & Nature as well, cannot be expected from a person of prudence. Further, by doing the above acts your noticees have committed the offences punishable U/s – 406, 420, 120-B I.P.C. for which you may be punished according to the provisions of law. Apart from this you have failed to provide the services properly, to my client which amount to unfair trade practice & deficiency in services on your part.
You are, therefore, called upon through this notice to replace the aforesaid car and to make the payment of an amount to the tune of Rs- 3,00,000/- to my client towards the compensation against mental agony caused to him and repairing charges charged by you on different dates from my client, within 07 days from the date of receipt of this notice, failing which my client shall be constrained to take Legal action against you before the competent authorities and competent courts of law and in that event you shall also be liable to all costs & consequences arising there from which please note.
