hh) That running through all the events since 2015, it is very much clear that the actions of the accused no. 1 company were carried out fraudulently and with intention to commit breach of trust. Total 77 vehicles were purchased by the complainant from accused no. 1. It becomes obvious that accused no.1I never had honest intentions since the very inception as all the 77 vehicles sold to the Complainant were defective. Further, the Accused No.1 Company entered into a PMC (Periodical Maintenance Contract) contract with the Complainant but it never provided proper services to the Complainant, it never had intentions to act in accordance with the terms of PMC. Not only this, the Accused No.1 Company closed dealerships in the country, which further made it impossible for the Complainant to get the spare parts. It is pertinent to mention herein that Rs.1.10Pc +tax/per kilometer has been charged from the Complainant towards Periodic Maintenance, which is part of the price of the vehicles at the time of purchase, thus the Accused No.1 Company received a wrongful gain of huge amount towards PMC charges and by not providing proper services has caused huge wrongful loss to the Complainant to the tune of 8,07,12,000/-(Rupees Eight Crores Seven Lakh and Twelve Thousand Only) for 57 vehicles purchased between 2014 to 2016, and a wrongful loss of Rs.2,65,59,000(Two Crores Sixty Five Lakhs and Fifty Nine Thousand Rupees Only) for 15 vehicles.
