DISTRICT FORUM :: KADAPA Y.S.R DISTRICT

PRESENT SMT. K. SIREESHA, B.L., PRESIDENT FAC

                                                                      SRI M.V.R. SHARMA, MEMBER.

Saturday, 15^th February 2014

CONSUMER COMPLAINT No.  38/ 2013

Sadhumuni Narsaiah, S/o S. Muniswamy Late,

Aged about 56 years, Resident of D.No. 88/91,

Angadistreet, Near Railway Station, Kadapa – 516 004.          ….. Complainant.

Vs.   

1.  Authorized Dealer, Sri Gopal Auto Stores,

     H.No. 1/335-336, Marutinagar, Kadapa – 516 001.

2.  Managing Director,  Sri Hero Motocarb Ltd.,

     34 Commuity Center, Basanth Lok, Vasanth Vihar,

     New Delhi – 110 057.                                                   …..  Respondents.

This complaint coming on this day for final hearing on 12-02-2014 in the presence of complainant as in person and Sri K. Venu Gopal, Advocate for R1 & R2 and upon perusing the material papers on record, the Forum made the following:-

O R D E R

(Per M.V.R. Sharma, Member),

1.             Complaint filed under section 12 of the Consumer Protection Act 1986.

2.             The brief facts of the complaint are as follows:-   The complainant purchased one vehicle of Hero Glamour F-1 from R1 on 2-3-2013, chasis No. MRLJA06AF DGB02582, Engine No. JA06ELDGB02326 and issued six free service coupons along with owner’s manual.   The complainant went for first free service to R1 and serviced vehicle issued bill and collected Rs. 331/- towards service charge.   The complainant asked the R1 for collection of Rs. 331/- and the R1 gave evasive answers to the complainant and the complainant paid amount as per invoice RINV-0413-858/16-4-2013 at 16-51-10 hours.   The complainant issued a legal notice to the respondents on 18-4-2013 with registered post.  But there is no response from the respondents.    Therefore, the complainant prayed the Hon’ble forum to pay Rs. 331/- towards service charges and Rs. 1,000/- towards negligence, Rs. 5,000/- towards cost of the complaint to the complainant. 

3.             The R1 filed a counter and adopted by R2 with a memo.   The complainant purchased Hero Glamour F-1 motorcycle from R1 and also that the company has provided six free services to the vehicle and also handed over the six vouchers to the complainant.   Free service means the company should not saddle the complainant with the labour charges whenever the vehicle undergoes service during the validity of the free vouchers and the complainant has to invariably incur the relevant expenditure during the service time such as spare parts replacement, change of oil etc., however, the complainant seems to have misconstrued the term of “free service” instead of correctly grasping the meaning thereof.    The complainant came for first service to the subject motorcycle and after completion of the same, the R1 charged an amount of Rs. 331/- from the complainant.  As per the invoice dt. 16-4-2013 issued to the complainant, it is very clearly mentioned the following details. 

4.             The R1 has not charged anything under the column FSCI as seen from the invoice dt. 16-4-2013.  According to the terms of R1 has rightly not charges anything under Free  Service Coupon.  But the complainant not understood the same properly and began blaming R1 unnecessarily claiming that Free Service Coupon means everything should be done freely which is illogical and amounts to misconception.  Thus there was no deficiency of service on the part of R1.   In fact the R1 is rendering services sincerely and with the utmost dedication to all its customers including the complainant.   The complaint nothing but abusing the process of law and vexatious in nature.   There are no merits in the complaint and there is no cause of action and prays that the Hon’ble Forum  be pleased to dismiss the complaint with exemplary costs in the interest of justice. 

5.             On the basis of the above pleadings the following points are settled for determination. 

i.             Whether the complainant is entitled to the relief as prayed for?

ii.            Whether there is negligence or deficiency of service on the part of there Respondents?

iii.          To what relief?

6.             On behalf of the complainant Ex. A1 to A3 were marked.

7.             Point Nos. 1 & 2. As could be seen from the documentary evidence on record, it is an admitted fact that the complainant purchased Hero Glamour F1 from R1 on 2-3-2013 with chasis MRLJA06AF DGB02582, Engine No. JA06ELDGB02326 and issued by R1 six free service coupons along with owner’s manual.   As per owner’s manual under the caption of Limitations of Warranty in Column No. 3 that the sprockets, bulbs, electrical wiring, filter, spark plug, fasteners, shims, oil seals, washers, gaskets, rubber parts the warranty shall not apply.   The main dispute is that the R1 collected Rs. 331/- towards service charge.   The R1 collected Rs. 331/- belongs to Gasket, R Crank Case cover for Rs. 51.99 there is no guarantee for Gasket. Hence, the R1 collected the above mentioned amount.  Rs. 215.07ps was collected for 10W4T Plus oil and it is mandatory for smooth running of the vehicle has to be purchased by the owner of the vehicle. Hence the R1 collected the above mentioned amount.  Rs. 33.71 Ps towards battery charging.  R1 collected the above mentioned amount. Rs. 30.34 towards alignment. R1 collected the above mentioned amount.  R1 collected relevant expenditure towards service of the vehicle.   Ex. A1 was Photostat copy of invoice No. 10187-03-RINV-0413-858, dt. 16-4-2013 issued by R1 in favour of the complainant.  Ex. A2 was Photostat copy of letter from complainant to R1, dt. 17-4-2013 along with postal receipts.    It seems there is no negligence on the part of the R1 and R2. Hence, the points are answered accordingly. 

8.             Point No. 3 In the result, the complaint is dismissed without costs. 

                Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 15^th February 2014

MEMBER                                                                                   PRESIDENT FAC

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant    NIL                                         For Respondents :     NIL      

Exhibits marked for Complainant  : -

Ex. A1       P/c of invoice letter issued by Sri Gopal Auto Stores, Kadapa

                dt. 16-4-2013.

Ex. A2       Letter issued by the petitioner to respondent dt. 17-4-2013 and along with 2 no’s photo copies of postal receipts.    

Exhibits marked for Respondents : -                              NIL 

MEMBER                                                                               PRESIDENT FAC

Copy to :-

                            1)  Sadhumuni Narsaiah, S/o S. Muniswamy Late, Resident of

                                 D.No. 88/91, Angadistreet, Near Railway Station, Kadapa.

                             2) Sri K. Venu Gopal, Advocate for respondents.

B.V.P.