Haryana

Sonipat

222/2014

HAWA SINGH S/O RAM KRISHAN - Complainant(s)

Versus

1. JAG MOHAN MOTORS PVT. LTD.,2. MARUTI SUZUKI INDIA LTD. - Opp.Party(s)

Surender malik

01 Sep 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

                             Complaint No.222 of 2014

                             Instituted on:03.09.2014

                             Date of order:01.09.2015

Hawa Singh son of Ram Kishan, r/o H.No.873/30, Gali no.2, Vikas Nagar, Sonepat.

                                      ...Complainant.

                      Versus

1.Jag Mohan Motors Pvt. Ltd., Bahalgarh road, Sonepat through its Prop.

2.Maruti Suzuki India Ltd., Palam Gurgaon road, Gurgaon-122015

And Plot no.1, Nelson Mandela road, Vasant Kunj, New Delhi-70

And Regional office (North-II, Maruti Suzuki India Ltd., SCO 30-40, Sector 8C, Madhya Marg, Chandigarh-160008.

 

                                      ...Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Surender Malik, Adv. for complainant.

           Sh. Sanjay Kankarwal, Adv. for respondent no.1.

           Sh. Kuldeep Chaudhary, Adv. for Respt no.2.

 

BEFORE-    Nagender Singh, PRESIDENT.

          Prabha Wati, MEMBER.

          D.V. Rathi, MEMBER.

 

O R D E R

 

         Complainant has filed the present complaint against the respondents seeking replacement of the engine of existing vehicle with new one on the ground that on 6.3.2014 the complainant got washed his car in service station at Sai Service Station, Rathdhana road, Sonepat and after it, the car got damaged and was taken to respondent no.1 for its repair and the vehicle was got repaired on 26.3.2014 and during repair, chamber of the car was got changed  and other defects were removed.  When the chamber was changed, the respondent no.1 did not fill the engine oil in chamber and due to this engine of the car was seized due to carelessness act of the respondent no.1.  The vehicle was within warranty at that time.  The complainant requested the respondents to replace the engine of the car with new one, but of no use and that amounts to a grave deficiency in service on the part of the respondents. So, he has come to this Forum and has filed the present complaint.

2.       The respondents no.1 and 2 appeared and they filed their separate written statement.

         The respondent no.1 in its reply has submitted that all the allegations as alleged by the complainant against the respondent no.1 are altogether wrong and false.  Infact son of the complainant namely Deepak has already received the compensation of Rs.30,000/- from the Prop.of Sai Service Station and secondly, expenses of repair of accidental vehicle has been paid by the insurance company. The complainant has violated the terms and conditions of the warranty.   On 26.3.2014 the engine of the vehicle was not seized.    The complainant has taken the delivery of the vehicle after full satisfaction on 31.3.2014 after paying the bill of Rs.1,64,891/-. There is no manufacturing defect in the vehicle. The vehicle is an accidental vehicle and is not having any manufacturing defect.

         The respondent no.2 in its written statement has submitted that the complainant took the vehicle to respondent no.1 for accidental repairs as he informed that the engine was giving some noise and needs to be repaired on payment as the accidental repairs are not covered under warranty but the complainant insisted to carry out the same free of cost.  The complainant has failed to place on record any material to substantiate his claim and thus, he is not entitled for any relief and compensation and thus, prayed for the dismissal of the present complaint.

3.       Both the parties have been heard at length.  All the documents placed on record by both the parties have been perused carefully & minutely.

4.       At the time of arguments, the respondent no.1 has placed on record the report of surveyor.  The perusal of the surveyor report shows that many parts were disallowed by the surveyor without any reason and rhyme.

         Similarly, at the time of arguments, ld. Counsel for the complainant has filed an application for leading additional evidence which was allowed vide separate order for proper adjudication of the case and the complainant has placed on record the documents Ex.CA to Ex.CQ in support of his case.

         Ld. Counsel for the respondent no.1 and 2 while relying on their written statements and documents, have argued their case that the complainant is not entitled to get the relief as has been sought by him by way of present complaint.  There is no deficiency in service on the part of the respondents. The son of the complainant namely Deepak has already received the compensation of Rs.30,000/- from the Prop. of Sai Service Station and secondly, expenses of repair of accidental vehicle has been paid by the insurance company. The complainant has violated the terms and conditions of the warranty.

 

         But we find no force in the contentions of the respondent no.1.  The evidence led by the complainant fully supports his case and proves the deficiency in service on the part of the respondent no.1  because at the time of changing the chamber, the respondent no.1 did not fill up the engine oil in chamber and due to this, the engine of the vehicle was seized and it all has happened due to the carelessness on the part of the respondent no.1. So, in our view, the ends of justice would be fully met if some directions are given to the respondent no.1 to replace the engine of the car bearing no.HR-10U-6800 of the complainant within one month from the date of passing of this order, otherwise, the law will take its own recourse.

         With these observations, findings and directions, the present complaint stands allowed.

 

         Certified copies of order be provided to the parties free of costs. File be consigned to the record-room.

 

 

 

(Prabha Wati)    (DV Rathi)                (Nagender Singh-President)

Member DCDRF     Member DCDRF              DCDRF, Sonepat.

 

Announced:01.09.2015