DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. _74 _ OF ___2017
DATE OF FILING : 14.6.2017 DATE OF PASSING JUDGEMENT: _11.7.2018_
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : HaranMondal, Malancha G.P Maitra Road, Post-Malancha Mahinagar, Kol-145, P.S Sonarpur.
O.P/O.Ps : 1. Alivia Techno Group , Sonarpur Bazar, Sonarpur (Near Allahabad Bank), Kolkata – 150.
2. ETRON, Pubang etron Electronic Motor Pvt. Ltd. Room no.1307, 13th floor, D.N 51, Merlin Infinity, Sector-V, Pin-700091, Kolkata, Salat Lake City.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
Briefly stated , the facts leading to the filing of the instant case by the complainant is that the complainant is an Orthopedically Handicapped person, having 65% of disability at his right knee and ankle.
He purchased a E-Rickshaw ( Toto) manufactured by O.P-2, from the O.P-1 on 29.4.2017 for a consideration price of Rs.1 lac with warranty of free service for six months and guarantee of one year for the batteries. But , on the very first day of running the vehicle on the road, it abruptly stopped functioning after about 3 hours’ running. Then and then, the complainant took it to O.P-1 and O.P-1 changed the charger of the battery. In this way, the vehicle continued to stop functioning day by day after a short running and every time the complainant approached the O.P-1 and O.P-1 also continued to change the charger of the battery . The problem of the vehicle was thus not solved. When asked, the O.P-1 told the complainant that there was probably some wiring defects in the vehicle. Then, he referred the vehicle to one Electronic shop at Sonarpur Kalicharan Market for change of battery. But ultimately, the battery was not changed. As the vehicle is defective it has also faced some minor accident due to collision. Now, the complainant prays for return of Rs.1 lac and compensation. Hence, this case.
Admitting all the allegations of the complainant, the O.P-1 has filed written version of his statement ,contending inter alia that there was no defect in the battery of the vehicle as is reported by Trinath Electronics, the Authorized Dealer of Exide Battery from whom the said batteries were purchased. According to him, he asked the complainant to send vehicle to him for 7 days for thorough check up by expert driver and thereafter to send the same to the company i.e O.P-2 for removal of manufacturing defect, if not solved by him within that period. But, complainant did not place the vehicle at his disposal. There is no deficiency in service on his part and he is not liable to refund the money to the complainant.
Written version has also been filed by the O.P-2 who has contended that complainant being an handicapped person having 65% disability caused the damage to the vehicle due to his incompetency to control the same and ,therefore, the O.P-2 is not liable to replace the vehicle by a new one.
Upon the averments of the parties following points are formulated for consideration.
POINT FOR DETERMINATION
- Does the vehicle suffer from any manufacturing defect as alleged by the complainant?
- Are the O.Ps liable for deficiency in service as alleged by the complainant?
- Is the complainant entitled to get relief or reliefs as prayed for ?
EVIDENCE OF THE PARTIES
Petition of complaint is treated as evidence of the complainant vide order dated 7.2.2018. Evidence on affidavit is filed by the O.Ps separately.
DECISION WITH REASONS
Point no.1 , 2 & 3 :
It is admitted fact that the vehicle was sold by the O.P-1 to the complainant. It is also admitted fact that the vehicle is manufactured by the O.P-2. That the vehicle stopped functioning on the very first day of its running and that thereafter on each and every day, are also admitted by the O.P-1. The fact that the vehicle was also produced for inspection to the O.P-1 four times by the complainant, also goes undisputed. It also goes undisputed that O.P-1 failed to cure the defect of the vehicle. It also stands established by the admission of the O.P-1 that there is no defect in the battery supplied by the O.P-1 in the vehicle. The stoppage of functioning of the vehicle on each and every day on the road while plying undoubtedly indicates and indicates only that there is certainly a manufacturing defect in the vehicle, more so, when there is no defect in the batteries supplied to the vehicle. It has been urged on behalf of the O.P-2 that the complainant being a handicapped person failed to drive the vehicle properly and, therefore, the vehicle sustained damage due to collision. A vehicle is likely to sustain damage if it ceases to function all on a sudden while plying on the road, because the other vehicles may dash against the said vehicle from behind.
In the instant case, it has been stated by the complainant that the vehicle dashed against a wall and, therefore, it sustained damage. Be that as it may, it is fact that the vehicle has sustained certain kind of damage on its body and such damage may partly be attributable to the complainant. Regards being had to all these facts, we are inclined to allow the petition of complaint and order is passed accordingly as hereunder.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is decreed on contest against the O.Ps with a cost of Rs.5000/-.
The O.Ps will remain jointly and severally liable and they are directed to return the total consideration price i.e Rs. 1 Lac to the complainant and to get return of the vehicle from the complainant within a month of this order, failing which, the aforesaid amount and the amount of cost will bear interest @10% p.a till full realization thereof.
There is no order passed as to any kind of compensation ,as prayed for by the complainant because the complainant is also partly liable for causing damage to the vehicle.
Let a free copy of this order be given to the parties concerned at once.
President
I / We agree
Member Member
Dictated and corrected by me
President
