Orissa

Kendujhar

CC/45/2016

Babula Kumar Matia - Complainant(s)

Versus

1. Owner, M/s. Supreme Motors - Opp.Party(s)

Mr. K. Naik & Associates

21 Jul 2017

ORDER

IN THE COURT OF THE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, KENDUJHAR

                                        CONSUMER COMPLAINT CASE NO 45 OF 2016

Babula Kumar Matia, aged about 50 years,

S/o Goutam Matia, At/Po- Rajnagar,

P.S- Turmunga, Dist. - Keonjhar………………………………………………………………………..Complainant

 

Vrs

 

1. Owner, M/s. Supreme Motors,

At- Dhangarpada, NH-6

P.O- Keonjhargarh, P.S- Town

2. Hero Moto Corp Ltd.,

37^th Km Stone, Delhi- Jajpur Highway,

Gurgaon, 122001, Haryana

3. Hero Finance. Corp Ltd.,

Corporate Office at 09, Basant Lok,

Vasant Vihar, New Delhi 110057, India……………………………………………………………….O.P Parties

 

         Present:

       Shri Purusottam Samantara,President

       Smt. B.Giri Member(W)

 

       Advocate for complainant- J.K Mohanty & associate

       Advocate for O.P1- G.P Mohapatra& associate

       Advocate for O.p 2-None

       Advocate for O.p 3-None

 

 

Date of filing- 7.10.2016                                                                                        Date of order-21.07.2016

 

1.  Sri Purusottam Samantra, Succinctly say, The complainant purchased Hero Scooter, “From Supreme Motors” Dhangarpada, Keonjhar on dt 24.06.2016. From such date being a brand new vehicle, it developed latent defect in battery and kick start.

 

 

2. The complainant submitted, later by repeated request the dealer of Supreme Motors changed the defect battery and failed to rectify the kick start keeping a deaf ear to the complaint. As the dealer failed to heed the complain, so institute the case being pressed with such compunction of the dealer.

 

3. Further stated, while approaching to the dealer in Ist servicing, the showroom failed to remove kick start and console to manage with self start thereafter  going pillar to post, the defect is not removed  nor anything replaced. The petitioner remains in sustained inconceivable harassment and mental agony. The irrepable loss aggravated day by day, being under five years warranty period as declared in the book of manual.

 

 

 

4. Also submitted, the insurmountable hardship caused to petitioner is no more solitary one, Large numbers of consumer suffered inconvience and inflated bills of repair above all callousness, which needs to adjudicated in sever terms as provision  laid down under the C.P Act.

 

 

5. Prayed the latent defect in the vehicle, as no more rectified the technical propriety of leader is at stake, so direction be passed to supplement the hardship in rectification and justifiable refund. Relied on retail Invoice, Insurance certificate, Form-22, Delivery Challan and copy of battery defect in photo copies.

 

 

6.In Pursuant to notice, the O.P 1 appeared and contested the case in admission that the sale proceed  in purchase of Hero Maestro EDGE, availing finance from Hero Fin Corp.Ltd and the Insurance cover is true .

 

 

7. On the other hand, contended the new vehicle did contain an old battery and post complain same has been newly replaced, the non functioning of self start and kick start has not made with any complaint. The defect is no more a manufacturing one, which needs a technical evidence.

 

 

8.     Further said, it is false to say this O.P have ever  failed in rectification,   while the vehicle   run 676 km only the complaint petition is imaginative, with ulterior motive, not showed any negligence, so being devoid of merit is liable to be dismissed with cost.

 

9.  On notice, the O.P-2 contested  the case   in contending, the complainant at no point of time had ever complained, the complaint petition is not within the Knowledge, allegation are malicious  baseless, imaginary & vague.

 

 

10. Per contra, averred- had it been a fact that it the complainant would have intimated regarding the problem, the alleged defect could have been rectified by the competent engineer to the satisfaction of the customer.

 

 

 

11.  Also admitted, the petitioner had purchased the vehicle in question. As the defect is minor, same is removed and rectified in safe guarding the goodwill & fair trade practice and handed the vehicle with full satisfaction, not acted negligently.

 

 

12. Further the term and condition of the warranty does not allow replacement or refund of money, the allegation foisted in baseless manner. Complaint being devoid of merit is liable to be dismissed with cost.

 

13. O.P-3 not appeared or made any version.

 

14. Heard the counsels advanced at bar and perused the materials on record.

 

15. It is no more in dispute that one Hero MASTRO EDGE has been purchased on dt 24.06.2016 against consideration Rs 54, 542/- in finance from “Hero Fin Corp Ltd”.

 

16. Post sale of the vehicle, the job card respective-RJC-0816-5688 and RJC-0916-7241 speaks, the vehicle being a brand new one sustained defect, within span of three months, again the Ist service coupon No-197149, dated 24.07.16 says, the vehicle has run 676 km is in ample evidence.

 

 

17.   On the contrary, the O.P-1 being the authorized dealer of Hero MOTO Corp Ltd and going   through  the Para- 14 of the pleadings that speaks relied with job card but same not laid before this forum .So the O.P-1 is evasive and suppressing the facts, being on its own admission. Further the O.P2 is vicariously liable for the negligence act of the O.P-1 being intimated with or not, as the onus lies on O.P-1 to intimate. So it more & more evident, the vehicle being a brand new  sustained defect in battery and kick start and battery is replaced in inordinate delay. Which is has caused hardship and irreparable loss.

 

 

18. Further the kick start is non-functional one, same is placed before this forum, observed and days delayed, the dealer did not removed nor made any satisfactory rectification on the non-functional of kick start, it is settled principle, when in new brand a defect is surfaced and in complain with repeated approach not removed, it is deemed a latent and manufactured one.

 

 

19.  Fortunately, the complainant’s son, out of mere curiosity, failure & disgust made a free service at MAA TARINI MOTORS, TURUMUNGA  Keonjhar on dt 22.05.2017. being a Hero authorized servicing center, astonishingly , the rural authorized workshop rectified the fault & defect and the removal running well, which is not yet solved by the so called reputed dealer of Hero at Kendujhar town, Again it is not in the record, the matter has well intimated to the Hero Motor Corp to depute experienced technical person to examine, following the case, the matter became exacerbate and due diligence activated in careless manner. So such negligence and equipped with underrated skill manpower is deliberate and willful attempt to trivialize the issue within the five year warranty amply  proved non-deli gent “imperfection” in service. Thus the dealer is liable to pay for the fault, imperfection and short coming in the quality and standard which is required to be maintained by is  committed within the provision of the term 2  (f) & (g) of the Consumer Protection Act 1986.Our same view is elucidated  in the authority -Sooraj Automobiles Ltd Vs Shri Bhanwaral & Anr- Held – Dealer is bound repair vehicle during period of warranty-2013(3) CPR 12 NC. 

 

 

 

 

 

O-R-D-E-R

 

(i)The O.P-1 is hereby directed to pay the petitioner a sum of Rs 3000/-(three thousand only) towards loss, harassment & mental agony sustained irreparably, inclusive of cost within 20 days of this order, failing Rs 20/-(twenty) per day  penalty will be accrued on same from the date of application till complete realisation without any demur.

 

 

(ii) The O.P-2 is to pay the petitioner a sum of Rs 200/-(two hundred only) not deputing the technical person, in post institution of the case, the amount is payable within the above noted term of time, failing Rs 5/- per day penalty will accrue till complete realisation.

 

(iii) No negligence observed against O.P-3, although not appeared.

 

Copy of the Order be made available to the parties as per rule.

File be consigned to record room.

Pronounced, 21^th  july   2017      

 

     I agree  

          

                                    

                                    

    (Smt. B. Giri)                                                                                            (Shri Purushottam Samantara)

    Member (W)                                                                                                              President                    

DCDRF, Keonjhar                                                                                                   DCDRF, Keonjhar  

 

   

 

                                            

           

    Dictated & Corrected by me

 

 

 

   (Shri Purushottam Samantara)

                                                                           (President)

                                                                    DCDRF, Keonjhar