Case Summary
Mini Gangadharan purchased a Volkswagen car but received a lower variant, leading to a price difference claim. She is seeking to recover the difference of Rs. 1,80,163 and compensation for mental agony.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A sum of Rs. 2 Lakhs for the price difference and compensation
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Judgment Evidence:
In the result, the plaintiff is entitled to realize a sum of Rs. 2 Lakhs, which include Rs. 1,80,163/-, the price difference for the variant and compensation for the mental agony caused to the defendant upon the vehicle with Engine with manufacturing defect.
Parties Involved
Plaintiffs
Mini Gangadharan (47 years years)
D/o Sarojini, Nandanam, Nettoor P.O, I.N.T.U.C Junction , Near Kavitha Textiles, Nettoor P.O, Ernakulam.
Defendants
Volkswagen India Pvt Limited (Age not specified years)
E1MIDC, Phase 3, village, Nigoje, Kharab Wadi, Pune, Maharashtra – 410 501.
The General Manager, EVM Motors & Vehicles India Private ltd. (Age not specified years)
Building No. 11/4-CD, Opp. BTH Sarovaram, Kannadikkadu, Maradu, Kochi – 682 304.
Rashid V.A (Age not specified years)
Building No: 11/4-CD, Opp. BTH Sarovaram, Kannadikkadu, Maradu, Kochi – 682 304.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize a sum of Rs. 2 Lakhs for price difference and compensation.
Evidence:
The plaintiff is entitled to realize a sum of Rs. 2 Lakhs, which include Rs. 1,80,163/-, the price difference for the variant and compensation for the mental agony caused to the defendant upon the vehicle with Engine with manufacturing defect.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit.
Evidence:
The plaintiff is entitled to the costs of the suit.
Documents & Evidence
Document Type:
Original payment vouchers
Submitted By:
Plaintiff
Relevance:
Showing the type of vehicle purchase as Volkswagen Verito Highline Plus Diesel.
Reference:
Ext.A1
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Showing encashment of Rs.10,90,000/- through Federal Bank, Kundannur.
Reference:
Ext.A2
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Copy of the vehicle's registration certificate.
Reference:
Ext.A3
Document Type:
Extended warranty certificate
Submitted By:
Plaintiff
Relevance:
Copy of the certificate for extended warranty.
Reference:
Ext.A4
Document Type:
Certificate of Insurance
Submitted By:
Plaintiff
Relevance:
Copy of the vehicle insurance certificate.
Reference:
Ext.A5
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants regarding the issue.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Three postal receipts for lawyer's notice sent to respondents.
Reference:
Ext.A7
Document Type:
AD cards
Submitted By:
Plaintiff
Relevance:
Two AD cards signed by the 2nd and 3rd respondents.
Reference:
Ext.A8
Document Type:
Original job card
Submitted By:
Plaintiff
Relevance:
Job card for the replacement of the fuel injector.
Reference:
Ext.A9
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to defendants regarding the vehicle issue.
Reference:
Ext.A10
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts for legal correspondence.
Reference:
Ext.A11
Document Type:
AD card
Submitted By:
Plaintiff
Relevance:
AD card signed by the 2nd defendant.
Reference:
Ext.A12
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Copy of the order from the District Consumer Disputes Redressal Commission.
Reference:
Ext.A13