CUTTACK, India, May 1 -- Orissa High Court issued the following order on March 31:

1. The Petitioners in the present petition are seeking the quashing of proceedings in connection with Angul P.S. Case No.20 of 2023, corresponding to G.R. Case No. 33 of 2023, pending in the Court of the learned S.D.J.M., Angul.

I. FACTUAL MATRIX OF THE CASE:

2. The brief facts of the caseare asfollows:

i. On 26.06.2019, Smt. Santoshi Devi purchased a Toyota Etios Liva vehicle through its dealer, Field Motors Pvt. Ltd., Cuttack, Odisha, on finance from Union Bank of India, Angul, which was registered bearing No. OD-02-BE-0001. As per the warranty terms, the vehicle was required to undergo its first mandatory servicing within 30 days from the date of purchase or upon completion of 1000 kilometres, whichever was earlier. However, the vehicle was first serviced on 18.09.2019 after having run 1506 kilometres, whereupon the job card reflected shortage of engine oil and pressure on the turbocharger. The vehicle was serviced and delivered on the same day with advice to adhere to the prescribed service schedule.

ii. On 21.09.2019, feedback was sought regarding the servicing, where dissatisfaction was expressed with respect to mileage. However, the vehicle was not brought for inspection until January 2020. Subsequently, on 17.01.2020, the vehicle was brought for mileage testing at a mobile service camp at Angul, and upon testing on 23.01.2020 at the dealer point at Cuttack, the mileage was recorded as 23 kilometres per litre. The vehicle was again serviced on 22.08.2020.

iii. Thereafter, the vehicle was run without servicing for a considerable period and was brought to the service centre on 28.12.2021 after having run approximately 25,000 kilometres. In the meantime, on 27.12.2021, the vehicle suffered a breakdown. The company and roadside assistance staff were informed and the vehicle was towed to the service centre at Cuttack. Upon inspection on 28.12.2021, issues relating to the turbocharger assembly and engine were noted. An estimate was prepared for repair including dismantling and overhaul of the engine. Approval was sought from the owner. However, the vehicle was not repaired thereafter.

iv. On 19.02.2022, a meeting was held at the residence of Smt. Santoshi Devi between the service team and the owner and her son regarding the condition of the vehicle. No resolution was arrived at. Thereafter, on 02.08.2022, a legal notice was issued alleging deficiency in service. A reply was furnished on 22.09.2022 along with documents relating to the service history and inspection of the vehicle.

v. On 15.11.2022, Smt. Santoshi Devi instituted a consumer complaint being C.C. No. 81 of 2022 before the District Consumer Disputes Redressal Commission, Angul.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqE8EoRh1rITz7QCkKz2SDrZkobtqfdna0mfgXRF5aDVI&caseno=CRLMC/472/2024&cCode=1&cino=ODHC010111332024&state_code=11&appFlag=)

Disclaimer: Curated by HT Syndication.