PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
Consumer Complaint No.- 175/2024
Present-Dr. Ramakanta Satapathy, President,
Sri. SadanandaTripathy, Member,
Amit Soreng, Aged about 40 years.
S/O-Lazrus Soreng,
R/O-Sarlakani, PO-Dhankauda, PS-Dhanupali,
Dist-Sambalpur-768005, Odisha.
Permanent R/O- Sector-13, Rourkela, Sundargarh. ……….......Complainant.
Vrs.
- G.N. Automation LLP,
Authorized Service Center, At-Plot No. 1708/6786, RemedChowk, Larpank, N.H. 6, Sambalpur, PO/PS-Bareipali,
Dist-Sambalpur, Odisha-768006.
- M/S Krishna Automotive (Authorized dealer of Mahindra and Mahindra Ltd.) At-Industrial Estate, Kulunga, Ps-Brahmunitarang, Rourkela,
Dist-Sundargarh, PIN-770031,
- Mahindra and Mahindra Ltd.
At-Gateway Building, Near Gateway of India, Apollo Bunder,
Mumbai-400001 ...……….Opp. Parties
Counsels:-
- For the Complainant :- Sri. Anil. Ku. Sahoo & Associates
- For the O.P. No.1 :- Sri. D.Mishra, Adv. & Associates
- For the O.P.No.2 :- Ex-parte
- For the O.P.No.3 :-Sri. R.Gupta & Associates
Date of Filing:27.05.2024, Date of Hearing :12.11.2024, Date of Judgement :16.12.2024
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that the Complainant purchased One Scorpio S4 BS-4 from O.P.No.2 and vehicle registered on 30.01.2017 under the R.T.O Rourkela vide Regd. No. OD-14J-7737. On 13.07.2023 while at Sambalpur faced some difficulties and took the vehicle to O.P.No.1 authorised service station of O.P.No.3 manufacturer Job Card was issued and Rs. 14,600/- was demanded by O.P.No.1 for workshop sale and Rs. 3000/- for spare advance and issued M.R. No. 2669 and 2670. O.P.No.1 requested for 15 days time for repairing.
After 15 days the O.P.No.1 without delivering vehicle asked for seven days time. Again on 08.08.2023 when Complainant went to O.P.No.1, again avoided in this way after seven months also vehicle has not been repaired. The O.P.No.2 & 3 were informed. At last O.P.No.1 told to come on 21.02.2024. On 21.02.2024 O.P.No.1 again demanded Rs. 55,644.28P to-wards spare parts and service charges with much difficulty payment made and O.P.No.1 issued Electronic Ref. No. RO24B001033 dated 21.02.2024 for Rs. 55,644.28P. After two days again vehicle shown problem. The surfacing problem is continuing and vehicle not running well. After payment of Rs. 73,244.28P also the Complainant suffering a lot and vehicle not repaired. Being aggrieved complaint has been filed.
- The O.P.No.1 service provider submitted that the Complainant never left his vehicle with O.P.No.1 from 13.07.2023. On 13.07.2023 general servicing was done and vehicle delivered on same day. Rs. 14,600/- was paid towards general servicing and Rs. 3000/- as an advance of the part No. 1102DBC00021N (Power steering Pump Assembly) for the vehicle. The entry to workshop was 10.05 AM and exit time is 6.05 PM. On 13.07.2023.
On 30.10.2023 the Complainant brought his vehicle to O.P.No.1 for change of the Radiator Assembly, Torsional Vibration Damper and Power steering Pump Assy with some repairing. Power steering Pump Assy was not available in open market. Mails sent to O.P.No.3 but could not be arranged. On 03.02.2024 the Complainant was intimated about non availability of power steering Pump Assy part No. 1102DBC 00021N at Sambalpur and the difficulty in adjusted bill/tax invoice the vehicle was ready on 10.02.2024. The Complainant took his vehicle on 22.02.2024 for replacement of old parts with new one Rs. 55,644.28P has been paid by Complainant. There is no deficiency on the part of O.P. and the complaint is liable to be dismissed.
- The O.P.No.2 has been set ex-parte. O.P.No.3 manufacturer submitted that O.P.No.1 & 2 are authorised dealer. O.P.No.3 has not role in the complaint. Vehicle was purchased on 10.01.2017 and covered distance of 1,34,252 Kms as on 30.09.2023. The Complainant alleged that vehicle was with O.P.No.1 from 13.07.2023 to 21.02.2024. The vehicle was placed before O.P.No.1 on 13.07.2023 for repair. After 13.07.2023 the vehicle run 10,000 Kms till 30.10.2023 when placed for repair. The warranty period of vehicle is 3 years and thereafter O.P.No.3 has no any liability.
- Perused the documents filed by the parties. On 13.07.2023 the Complainant repaired the vehicle and paid Rs. 14,600/- to O.P.No.1 vide paytm receipt No. 2669. Further vide voucher No. 2670/- an advance of Rs. 3000/- paid to-wards spare advance . Again on 30.10.2023 towards maintenance and repair the Complainant paid Rs. 55,644.25p to O.P.No.1.
The O.P.No.1 submitted test driver register dated 13.07.2023. Vehicle No. OD-14J-7737 entered into workshop at 10.50AM and out at 6.05PM. The mail dated 17.11.2023 and correspondences have been submitted.
- The Complainant purchased the vehicle on 30.01.2017 and submitted that the vehicle was running without any fault till 12.07.2023. Within this period the warranty is over and hence the O.P.No.3 is not a necessary party after warranty period.
- This dispute is between Complainant and O.P.No.1 regarding maintenance and repairing of vehicle No. OD-14J-7737. The O.P.NO.2 is the dealer of the vehicle and after the sale O.P.No.2 has no role to play. O.P.NO.2 & 3 have been made proforma O.Ps.
- From the test drive register and exist-entry register it reveals that vehicle No. OD-14J-7737 entered into the workshop on 13.07.2023 at 10.50 AM and out at 6.05P.M. The Complainant paid Rs. 14,600/- vide paytm voucher No. 2669 dated 13.07.2023 to-wards spares and repairing cost. Further an advance of Rs. 3000/- was given vide voucher No. 2670 dated 13.07.2023 to-wards spare parts. From the circumstances it is clear that after repairing the Complainant has taken the vehicle from workshop in running condition. The allegation of the Complainant that the vehicle was kept with OP.No.1 is not acceptable. From 30.1.2023 to 21.02.2024 the vehicle was with the O.P.No.1 for maintenance and repairing.
The vehicle alleged is an old vehicle and the O.P.No.1 contended that the vehicle was having Radiator Assy, Torsional Vibration Damper and power steering pump Assy problems. 3 Major repairs were made but due to non-availability of power steering pump Assy. It took time but with the consent of Complainant it was taken from Sambalpur local market. The vehicle was ready on 10.02.2024 and delivery was taken by Complainant on 22.02.2024. Payment of Rs. 55,644.28P was made by Complainant for the spare parts and repairing cost.
The Complainant not filed a single document to prove that the parts were available in local market and undue delay has been made by O.P.No.1. There is reasons to believe that the delay from 30.10.2023 to 21.02.2024 is due to non-availability of spare parts and it can not be termed as deficiency in service of O.P.No.1. Firstly, the Complainant falsely alleged that the vehicle was in workshop from 13.07.2023 to 22.02.2024 but the O.P.No.1 proved that the vehicle was from 30.10.2023 to 22.02.2024 in the workshop. Secondly for the non-availability of the spare parts the O.P.No.1 can not be burdened with liability.
Taking into consideration the circumstances of the case the complaint has no merit and accordingly dismissed.
Order pronounced in the open court on 16th day of Dec., 2024.
Supply free copies to the parties.
