Sri Ashoke Kumar Pal, President
The case of the complainant in a nutshell is that the complainants purchased a four wheeler (Scorpio) being No:WB-20-BA-5933 more fully described in the schedule of the petition of complaint and the said vehicle was delivered to the complainant on 19.07.2018 by the OP No.2 (Dealer). On 26.06.2019 the complainant along with his family went to Tarapith with P.S. – Rampurhut, District - Birbhum by the said newly purchased Scorpio vehicle and on the way of her coming back therefrom due to manufacturing defect of the vehicle the “Bracket Engine” supports RH MVI TC CD of the said Scorpio vehicle was broken and the complainant and her family members in the vehicle fall down and sustained injuries. The complainant lodged a GDE being No:2502 dated 30.06.2019 and the vehicle was taken to the company’s repairing workshop. The complainant had to bear a considerable amount for the medical treatment of herself and her family members. An Advocate’s letter was also sent to the OP No.2 who received and replied the same. It was also contended by the complainant that due to the manufacturing defect of the vehicle the accident was occurred and the complainant along with her family became injured in the said accident causing mental pain and sufferings. The vehicle was handed over to the complainant at the time of delivery in O.K. and roadworthy condition. But actually, it was not so and due to the manufacturing defect of the vehicle the same was broken on the way causing the accident sustaining serious injury to the complainant and her family members causing monetary loss to the complainant and hence this case.
OP Nos. 2 & 3 did not come forward to contest the case and as such by order No.23 Dated 03.06.2022 the instant case was declared to be heard ex-parte against the OP Nos. 2 & 3.
OP No.1 contested the case by filing W/V contending inter allia that the claims of the complainant are all false. The specific case of the OP No.1 is that after the incident the vehicle of the complainant was taken to the authorized workshop of the company by arranging a crane to tow the vehicle. Thereafter, the vehicle was repaired and the broken part was replaced and the vehicle was delivered to the complainant on 29.06.2019. The OP No.1 is not liable for any personal injury as per terms and conditions “The Company’s responsibility is limited to the terms of this warranty. It shall not be answerable for personal injuries or consequential on resulting liability, damage or loss arising from any defects”. The instant complaint was filed on frivolous ground. Actually no passenger of the vehicle was injured in the said incident. The GDE was lodged on 30.06.2019 but before that on 29.06.2019 the vehicle was delivered after necessary repairing work as per terms and conditions of warranty. Neither the complainant nor any of the passengers of the vehicle sustained any serious injuries at all due to accident. As such no question arises to compensate the complainant for any medical expenditure as alleged. The OP No.1 also denied the other material averments of the petition of complainant and prayed for dismissal of the case with cost.
From the pleadings of the parties the following points have been formulated to come to a definite conclusion in this case :-
POINTS FOR DECISION :-
- Is the complainant a consumer?
- Are the OPs guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS :-
Point No.1:-
On perusal of the case record along with copies of documents, it appears that the complainant purchased a “Scorpio” (four wheeler) vehicle more fully described in the schedule of the petition of complaint, from the OP No.2 (Dealer) at a valuable consideration and the OP No.1 acknowledged the same. Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainant and against the OPs.
Point No:2 :
The complainant along with her family members while returning from Tarapith and on the way of her journey by the newly purchased vehicle “Scorpio” it broke down causing injury to the complainant and her family members who were the passenger of the car. The vehicle was taken to the authorized workshop of the company with the help of a crane by the OP No.3 and the same was delivered to the complainant on 29.06.2019 after necessary repairing work. The entire work was done at the initiation of the service provider of the OP, as per terms and conditions of warranty of the vehicle. We also find that there is no iota of evidenceindicating any deficiency in service or any unfair trade practice on the part of the OPs.
As such, Point No.2 is decided in favour of the OPs and against the complainant.
Point No.03 :-
At the time of return from Tarapith the complainant and her family members who were the passengers of her newly purchased car (Scorpio) the vehicle suddenly broke down on the way. It was the specific case of the complainant that the passengers of the vehicle including herself sustained serious injury and required to be hospitalized for treatment. It was her further claim that she had to spend a considerable amount for the medical treatment of the passengers of the vehicle which the OPs are required to compensate. But surprisingly enough not a scrap of medical paper have been filed by the complainant to substantiate or justify her claim. Therefore we are unable to accept the claim of the complainant relating to the hospitalization and medical treatment of the passengers of the vehicle. Therefore, the complainant is not entitled to get any relief as prayed for.
As such Point No.3 is decided in favour of the OPs and against the complainant.
In the result, the complaint case fails.
Fees paid is correct.
Hence, it is,
ORDERED
That the instant complaint case be and the same is hereby dismissed on contest against the OP No.1 and ex-parte against the OP Nos. 2 & 3. We pass no order as to cost.
Ld. Member Sri Partha Kumar Basu joined on 11.04.2023 and he did not take part in hearing the argument of the case. As such he did not sign the judgement and order passed on this day.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
Ashoke Kumar Pal
President
