TEAM CODE: B1

PROBLEM SOLVING ETHICS

Submitted by:
Abraham J Kaniyampady
Sangeeth Mohan
Theerdha P Nair
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CONTENTS

Facts

Script

Hidden Facts
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FACTS

1. The Complainant is an Architect, having permanent residence at Trivandrum,

but presently working outside Trivandrum District.

2. The Complainant was on the lookout for purchasing a new car. Safety in
driving and comfort was her top priority. Through various advertisements and
offers made by the Honda company and Singular Honda, the Complainant
decided to purchase a Honda Lagos car manufactured by Honda and sold by the
dealer- Singular Honda herein. The Complainant had visited the showroom of
Singular Honda.

3. While discussing with the dealer on various models and facilities available- the
dealer had attracted the Complainant to a higher grade model of Lagos by name
and style SX55. The same had more technical features including higher safety
features with Alloy wheels of larger tyre size.

4. Singular Honda informed the Complainant that Alloy wheels as compared to

ordinary steel wheels are the best in safety, performance, looks and durability.
She made an informed choice and decided to purchase the higher grade variant of
Lagos namely SX55. Accordingly the Complainant booked the car on 04/01/2021
which had an ex-showroom price of Rs.17,17,000/- and on road price of
Rs.18,17,000/-. However, the car was delivered only on 14/04/2021 and by that
time the ex-showroom price had increased to Rs.17,20,000/- and on road price
had been increased to Rs.18,25,000/-.

5. Later the Complainant found that the spare wheel (stepney) provided was one
totally different. Firstly it was not an alloy wheel and secondly the wheel provided
is of lower circumference and size as compared to the main 4 four wheels. The
dealer had not disclosed the same. If it had been informed before the purchase of
the car, the Complainant might have opted another model car of lesser value.
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6. The Complainant immediately brought this to the attention of the Opposite

Parties. The Complainant was informed that they will immediately replace the
wheel and provide an alloy wheel of same size and specification. However, it
seems that the Opposite Parties are fooling the Complainant and that they have no
intention to replace the spare wheel with one of the original specifications. It
amounts to Deficiency of Service.

7. The Complainant fears that in an emergency, using this stepney will damage
the car and put both her and the car at risk. The safety of the car- which is of
paramount importance to the Complainant would then be compromised.

8. Narrating the same, the Complainant sent a letter to the regional office of
Honda on 05/07/2021. On 27/07/2021- a curt reply email was received stating that
“will not affect performance of the car.” The Complainant who had also contacted
the regional office was given a reply that the manual does not mention alloy
wheel as stepney and so they cannot accede to the request of the Complainant.
The Honda head office was also contacted by the Complainant directly but they
have also said lame excuses for not providing the same..

9. It is clear Unfair Trade Practice and Deficiency of Service on the part of the
Opposite Parties. The act of the Opposite Parties has put the Complainant to
extreme hardship, great mental agony and distress for which she is liable to be
compensated. She is limiting her claim for compensation to Rs. 1,00,000/(Rupees
One Lakh only) for the purpose of this Complaint. Under these circumstances, the
Complainant has no option but to approach this Hon’ble Commission for
redressal of her grievances.
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ETHICS SCRIPT: TEAM B1

PART 1: INTRODUCTION

Theerdha: Good morning

Sangeeth: Good morning.

Theerdha: My name is Theerdha P Nair (nods and greets).

Abraham: My name is Abraham J Kaniyampady. You can address us both by

our first names.
Sangeeth: My name is K S Abhirami.

Theerdha: Thank you for sharing your name. May I know your preferred
pronouns?
Sangeeth: You can use she/her.

Abraham: So, Abhirami, tell us how you heard about us and our firm.

Sangeeth: Sir one of my friends, Mr. Ajay, suggested me this firm.

Abraham: Oh...yes, we were his counsels for a case in which he got a favorable
decree from the court.
Sangeeth: Yes, I know about it.

Abraham: Perfect. then let us move onto the session. Is this your first-time
meeting with a lawyer?

Sangeeth: Yes. This is my first time.

Abraham: Ah. In that case we assure you that there is nothing to worry about.

Firstly, let me just say why the both of us decided to meet with you today. In
our firm, when we meet clients for the first time, we do like to meet them
together. This is so that we can initially bring both our experiences to your
particular case
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and for whatever particular reason should one of us not be able to be here at any
point of time, at least you have another person at the firm who you have met and
who is familiar with your case. We have already given you all our contact
details and you can always reach one of us at any point of time if you need
assistance in regards with your case.
Sangeeth: Okay

Theerdha: Okay, Sir. We would also like to mention that confidentiality is an

important matter for us. We assure you that everything we discuss will be kept
highly confidential and it will stay inside these 4 walls. It would not be known
to a third party unless you give permission for the same and so there is
absolutely nothing to worry. Your privacy is our highest priority. Even if you
decide not to proceed with us, whatever you shared with us today would be
privileged information. Therefore, I would encourage you to be as open as
possible regarding your problem even if it seems difficult for you. Because only
then will we be in the best possible position to advise you. For this, could you
kindly fill the confidential clause form which our secretary has issued.
Sangeeth: That is reassuring to hear, I will fill the form given to me as soon as
possible.

Theerdha: Ma’am in order to prevent conflict of interest, we would like to know

the name and details of parties against whom you need to sue?

Sangeeth: The dispute is regarding with a car. So I would like to sue the
manufacturer Honda and Singular Honda, one of their dealers.

Theerdha: We had checked our database. We hadn’t previously dealt any case
for them.

Abraham: Sir, now I’d like to brief about the fees. In our firm we do not take
any fees for the initial interview. But if you wish to proceed with us, you will be
informed about our fee details by one of our clerks. And don't worry if it is not
affordable for you, we may be able to help with that.
Sangeeth: Yes, okay.
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Abraham: Now that we have cleared the rest, I’ll just run through how we
conduct interviews here. We’ll probably spend the next few minutes getting as
familiar as possible with your case. So, as we have already said, we request you
to be as open as you can with us. We may need to follow up some of that
information by asking you some questions. And during this, if you feel that you
have missed something, by all means add up that. And if there is anything that
we got wrong, please correct us on that. We will then give you an initial
assessment on what we think your position is and we will conclude by
discussing what the next appropriate steps are. Do you have any other
questions?
Sangeeth: No.

Theerdha: If that is so, would you like to begin by telling us why you have
asked to meet with us and what you hope to get out of this meeting?
Sangeeth :Yeah okay.

PART 2: CLIENT CONSULTING

Sangeeth: My name is K.S. Abhirami and I am architect, having permanent

residence at Trivandrum. I purchased a new Honda Lagos car from the Nemom
showroom of the Singular Honda.

I visited the showroom with the intention of purchasing a base model of Honda
Lagos but the dealer advised me to a higher grade model of Lagos named SX55.
This car had more technical features including higher safety features and alloy
wheels of larger tyre size. Accordingly I booked the car on 04/01/2021 which had
an ex-showroom price of Rs.17,17,000/- and on road price of Rs.18,17,000/-.
Later I found that the spare wheel (stepney) provided was one totally different. It
was not an alloy wheel and the wheel provided was of lower circumference and
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size. I immediately brought this to the attention of the dealer. I was informed that
they will immediately replace the wheel and provide an alloy wheel of same size
and specification but no intention to replace the spare wheel was taken. I fear that
using this stepney will damage the car and put both me and the car at risk. I sent
a letter to the regional office of Honda on 05/07/2021. On 27/07/2021- I received
a curt reply email stating that “will not affect performance of the car.” When I
contacted the regional office, I was given a reply that the user manual does not
mention alloy wheel as stepney and so they cannot accede to my request. I also
tried contacting the head office of Honda but was given similar lame excuses.
I don't know what to do. Can you help me with this?

Abraham: Yes Abhirami, we can definitely help you. Now we will repeat back
the facts that we understood. Kindly correct us if we are mistaken. You are free to
add anything in between. We may also interrupt in-between for clarification and
proper understanding of facts.

Sangeeth: Yes, sure.

Abraham: From what you’d said, we understood that you went to Singular
Honda for the purchase of a car. You were given false information regarding the
specifications of the vehicle. Believing that information, you purchased the car.
Later you understood the product doesn’t match with the specifications.

Theerdha: Abhirami, what is your profession?

Sangeeth: I am an Architect.

Theerdha: Can you give your address?

Sangeeth: TC 53/596, Pappanamcode ,Nemom P.O. Trivandrum

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Theerdha: Can you give me your telephone number and email id?
Sangeeth: My phone number is 9349992033 and my Email is
ksabhirami@gmail.com .

Theerdha: Are you currently working in Trivandrum?

Sangeeth: No, I’m currently working at Kollam. For my daily commutation I’m
using this vehicle.

Abraham: What made you to choose this specific brand?

Sangeeth: Through various advertisements and offers made by them, I chose to

buy this car.

Abraham: What were the specifications of the vehicle, that the dealer told you?

Sangeeth: While discussing with the dealer on various models and facilities
available they had attracted me to a higher grade model of Lagos by name and
style SX55. The same had more technical features including higher safety features
with Alloy wheels of larger tyre size. They further added that Alloy wheels as
compared to ordinary steel wheels are the best in safety, performance, looks and
durability.

Abraham: So you said that you booked this vehicle on 04-01-2021. So when was
the car actually delivered?

Sangeeth: On 14th April 2021.

Abraham: What is the registered number of your car?

Sangeeth : It’s KL 01 GS 9988

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Abraham: Can you give more details regarding the payment you had made.

Sangeeth: I booked the car on 04/01/2021 which had an ex-showroom price of

Rs.17,17,000/- and on road price of Rs.18,17,000/-. However, the car was
delivered only on 14/04/2021 and by that time the ex-showroom price had
increased to Rs.17,20,000/- and on road price had been increased to
Rs.18,25,000/-

Theerdha: Are you claiming any compensation for the damages suffered by you?

Sangeeth: Yes. The damage myself had suffered is unexpressible. It had created
irreparable damage and untold hardships. I need compensation.

Abraham: Are you seeking any other remedy?

Sangeeth: I also need a replacement of the product. I feel it as a right of any

common consumer.

Theerdha: We are extremely sorry for the things that you have suffered.

Abraham: We need some documents to proceed with your issue?

Sangeeth: Okay.

Abraham: We need
1. Copy of ID proof
2. Concerned receipts.

3. Copy of Complaint letter to the dealer

4. Copy of Complaint letter to the manufacturer

5. Copy of reply mail.

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Sangeeth: I have everything you need with me and how am I supposed to give
these documents to you?

Theerdha: You can send it to our mail ID given in the visiting card.

Sangeeth: Okay, fine .

Theerdha: So we can file a petition at the district consumer forum,

Thiruvananthapuram.

Sangeeth: oh okay

Abraham: We will draft the petition mentioning all the facts that you have said
and will send you the copy to sign the document.

Sangeeth: okay

Theerdha: If you have any further queries or to add anything feel free to call us
anytime.

Abraham: So I think that's all. We will arrange a meeting within 2 days and will
discuss the further proceedings.

Sangeeth: okay

Theerdha: We will keep in touch with you in the time being.

Sangeeth: Yeah sure. It was so nice to meet you both.

Abraham: The pleasure is ours. Thank you. (Sangeeth leaves)

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PART 3
DISCUSSION BETWEEN ADVOCATES

Abraham: So Theerdha, I think this is a typical case of unfair trade practice.

Theerdha: Yeah. And obviously deficiency in service will also be an important

aspect in this case.

Abraham: Definitely. We can help Abhirami by filing a suit at the district

Consumer Court, Trivandrum. Who all should be the opposite parties.

Theerdha: We have to sue the manufacturer, i.e Honda and their regional office
as the first and second parties. We also need to sue the dealer.

Abraham: Yes, right. I would like to point out that a similar case was filed before
the same court. If I’m right, the name of the case is N. Krishnan Potti v. Hyundai
Motors Ltd.

Theerdha: Yes this would be really helpful for us. We shall stress on this case. I
had gone through this case and found that the facts were similar.
In this case, the court ruled in favor of the petitioner. The court accepted that
there is an unfair trade practice in this case. Also there is a deficiency in service

Abraham: It is a typical case of unfair trade practice. We can easily prove by

showing the court that the opposite parties had given wrong information to make
our client to buy this product.

Theerdha: Yes Abraham. We can also establish that there involves a deficiency
in service mentioned in the Consumer Protection Act.
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Abraham: Yeah, sure Theerdha. Hey don't forget about the meeting we have with
our client Mr. Rahul.

Theerdha: Oh yes. Thank you for reminding me. Its about the accident issue
right?

Abraham: Yes. Have you collected the information from the opposite counsel
Adv. Gautham?

Theerdha: Yes, I did.

Abraham: Okay Theerdha so see you at 9pm for the next meeting. Till then Bye.
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HIDDEN FACTS

 The complainant is working at Kollam.

 The complainant commutes from work to home on a daily basis.
 The complainant travels using the Honda car.
 The car was delivered only on 14/04/2021.
 Register No. of the car is KL-01- GS 9988.
 The vehicle is having a warranty for 5 years.