Mahindra
MANUFACTURED DEFECTED

TARUN AGGARWAL &ASSOCIATES

CONSULTANT & ADVOCATES: DELHI HIGH COURT

REGISTRATION NO: D-786/03

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Ref: No.: Dated:-

To,

1. MAHINDRA & MAHINDRA LTD.

Through Its Director/Managing Director

Mahindra Towers

G.M. Bhaosale Marg,

Worli, Mumbai-400018.

2. SHIVA AUTO CARE INDIA PVT LTD

Through its Director/managing director

88 F-I-E Patparganj Industrial Area,

Delhi 92.

Dear Sir,

Under instruction of my client Sh. Ajab singh s/o Sh. Horam R/o 22, Pachola Mohalla, jaunapur village delhi-47, do here by serve you this legal notice with the following facts:

1. That my above said client purchased a mahindra make Scorprio VLX-A/B model, Chasis no. RD12B002599, Engine no. HFB4E35792 from the addressee no. 2 on 25.05.2011 vide invoice no. SA/INV12C000153/11-12, CASH RECIPT NO. 0623 for Rs. 11, 93, 700/- (eleven lac ninety three thousand seven hundred only) with assurance that the same is brand new and in good working condition and having no any type of defect.

2. That at the time of purchase Mr. Deepak kashyap who is the sales manager of the addressee no. 2 assured my client that the Mahindra Scorprio is the best one and induce to my client for purchase the same.

3. That immediate after the purchase of the above said Scorprio, my client is facing too much problems due to the manufacturing defect in the above said vehicle like 5th gear not working, micro hybrid not working, central locking is not working and all off sudden speed down from 60 km/h to 20 km/h and than pick up problem etc.etc. for which on 27.05. my client inform to Sh. Deepak kashyap who is the sales manager and Sh. Munish Dewan G.M. Sales of the addressee no. 2.

4. That thereafter Sh. Deepak kashyap and Sh. Munish Dewan after checking the problems in the brand new Scorprio smartly told to my client that these are minor problems and can be repaired easily by our service station and advised to my client to go at service station.

5. That on 16.06.11, when my client went to the service station of the addressee no. 2 at plot no. 61/3, site IV, Sahibabad Industrial area, Distt, Ghaziabad U.P. and disclosed the problems then some minor problems were removed and some major problems like fifth gear not working, hybrid not working etc were not resolve. On 25.06.11 when again my client visited the service station of the addressee no. 2, it was revealed to my client that the 5th gear problem was solved after changing the gear box. Than my client understand that the brand new Scorprio purchased by my client is defected one and the brand new defected Mahindra Scorprio was sold by the addressee no.2.

6. That my client made the complaint to the addressee no. 2 as well as addressee no. 1 regarding the sale of manufactured defected brand new scorprio and demanded replacement of the said vehicle. But despite the various request and demands you both the addressee did not fulfill the demand of my client till date.

7. That my client says that due to the manufacturing defected Scorprio sold to my client, my client is suffering great mental agony.

8. That as the addressee no. 1 assured each and every customer who purchased his vehicle is good and checked by the authorized person of the addressee no. 1. Even than the manufactured defected Scorpio was sold out to my client and cheated the hard core money of my client by selling the manufactured defected above said Scorprio.

9. That my client says that seeing the goodwill and reputation of the addressee no. 1, my client purchased the Mahindra Scorprio but due to this reason the addressee no. 1 lost his faith and if his problem will not be solve than the addressee no. 1 completely lost his faith and goodwill in the market.

10. That my client says that he paid his hard core money for purchased of new scorprio instead of purchase of defected scorprio or repaired piece.

11. That my client demanding both of you that either change the above said vehicle or return the entire money of my client with in seven days.

12. That my client is also demanding Rs. One lac for facing mental agony and damages.

13. That my client requested you through this legal notice that my client do not want to go on controversy and want to resolve the matter as my client is having blind faith in your company’s goodwill and reputation of the addressee no 1 and in future also if his problem will be solve, the reputation will remain same as at the time of purchasing the your band name vehicle.

You both are hereby finally called upon either replace the above said Mahindra Scorprio or return the entire money with in seven days. You both are further liable to pay and called upon to pay Rs. 1, 00, 000/-(One lac only) on account of mental agony and damages to my client with in seven days of the receipt of this Notice. Failing which my aforesaid client shall be constrained to take appropriate legal action/proceedings in the courts of law at your risk and cost, which please note. Please further note you both may also be prosecuted on account of cheating under section 406/420 Indian penal code also. You both are also liable to pay Rupees 5, 100/- for legal notice charges to my client.

Thanking you,

Yours faithfully,

(TARUN AGGARWAL)

Advocate

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Court Add: F-508, Lawyer’s Chambers, Karkardooma Courts, Delhi-32

: D-421, Lawyer’s Chambers, Karkardooma Courts, Delhi-32

: C-95-96, C.L.Joseph Block, Opp. post office Tis Hazari courts, Delhi-54

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