Kerala

Palakkad

CC/32/2024

Arifa - Complainant(s)

Versus

AAJ Royal Motors LLP - Opp.Party(s)

30 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Near District Panchayath Office, Palakkad - 678 001, Kerala
 
Complaint Case No. CC/32/2024
( Date of Filing : 24 Jan 2024 )
 
1. Arifa
S/o. Ansar Ali Kakkathode House, Para, Elapully (PO), Palakkad- 678 622
Palakkad
Kerala
...........Complainant(s)
Versus
1. AAJ Royal Motors LLP
Ground Floor, 12/801, Chandranagar (PO), Palakkad- 678 007
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Vinay Menon.V PRESIDENT
 HON'BLE MRS. Vidya A MEMBER
 HON'BLE MR. Krishnankutty. N.K MEMBER
 
PRESENT:
 
Dated : 30 May 2024
Final Order / Judgement

                DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

DATED THIS THE 30th DAY OF MAY, 2024.

 

PRESENT : SRI VINAY MENON .V, PRESIDENT.

         : SMT. VIDYA.A., MEMBER.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

                     : SRI. KRISHNANKUTTY N .K, MEMBER.

 

                                                                                                         Date Of Filing: 24.01.2024.                                              

 

CC/32/2024

               

Arifa, D/o.Ansal Ali,                                                                       - Complainant

Kakkathode House,

Para, Elappully PO,

Palakkad-678 22.

(Party-in-person)                                                          

 

                                                                                Vs

 

                AAJ Royal Motors Ltd,                                                                                   -Opposite Party

                Ground Floor, 12/801,

Chndranagar PO, Palakkad-678 007.

                (Ex-parte)

 

                                              ORDER

 

BY SRI. KRISHNANKUTTY N .K, MEMBER.

1.       Pleadings of the complainant.   

          The complainant purchased a TVS Jupiter 125 BS motor cycle from the opposite party for Rs.1,16,400/- on 10.02.2023.  First service was done on 13.03.2023.  After that, the vehicle started giving starting problems.  The vehicle was taken to the service centre attached to the opposite party on 19.09.2023.  Though they attended to the complaint on several occasions, the problem continued.  One day when the complainant was going to her office, the vehicle developed starting problem.  When informed, the technician of the opposite party took the vehicle to the service centre and rectified the same, but the vehicle developed the same problem again and again.  Hence, the complainant had to hire auto for her journey to the office/hospital.  Though the Territorial Manager of the company was informed of this problem and the vehicle was repaired again, the problem recurred.  According to the complainant, the vehicle is having manufacturing defect and hence, demanded replacement of the vehicle; but the opposite party offered to exchange the vehicle for a new vehicle if the complainant is willing to pay the differential cost.

                      Aggrieved by this, the complainant has filed this complaint, seeking replacement of the vehicle or refund of the cost and service charges paid to the opposite party.

2.      Notice was served on the opposite party.  But they did not enter appearance and hence, was set ex-parte.

3.      The complainant filed proof affidavit and marked Exts.A1 to A9 as evidence.  Ext.A1 to A4 are the cash receipts of the payment made to the opposite party,  Ext.A5 is the invoice of the vehicle purchased, Ext.A6 is the acknowledgment for having taken the vehicle for repair, Exts.A7 and A8 are the service history of the vehicle and Ext.A9 is Registration certificate of the vehicle.

4.      As the opposite party is set ex-parte, we have only the proof affidavit filed and the documents marked by the complainant as evidence.

5.      In the absence of any counter pleadings from the side of the opposite party, this Commission is bound to take the proof affidavit filed and documents marked from the side of the complainant on the face value and pass the orders accordingly.

                      However, the complainant has not succeeded in proving that the defect is due to manufacturing defect by engaging an expert Commissioner.  It is settled position of law that evenif the manufacturing defect is proved, the complainant can only seek the replacement of the concerned defective part, not the replacement of the vehicle.

                      A close scrutiny of Exts.A7 and A8 shows that the vehicle purchased in February, 2023 was having starting problems since 26.06.2023 onwards and it was not resolved even upto 13.01.2024 inspite of repeated efforts by the opposite party.  Whether it is due to manufacturing defect or not, the inability of the opposite party having authorised service centre of the manufacturer to fix the problem even after seven months of reporting the issue is to be treated as deficiency in service on the part of the opposite party.  Hence, the complainant is to be compensated adequately.

6.      Therefore the complaint is allowed ordering the following reliefs:

          1) The opposite party is directed to pay Rs.50,000/- as compensation for deficiency in service.

          2) The opposite party is directed to pay Rs.25,000/-  for financial loss and mental agony.

          3) The opposite party is also liable to pay Rs.15,000/- as cost of litigation.

The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.500/-as solatium per month or part thereof from the date of the order till the date of final payment.

Pronounced in open court on this the 30th  day of May, 2024.

                                                                                    Sd/-

                                                                                     VINAY MENON .V,

       PRESIDENT.

 

Sd/-

                                                                     KRISHNANKUTTY N .K,

                                                                                  MEMBER.

 

                                           

                                                           APPENDIX

          Documents marked from the side of the complainant:

Ext.A1: Cash receipt of payment made to the opposite party dated 06.02.2023 for Rs.10,000/-.

Ext.A2: Cash receipt of payment made to the opposite party dated 06.02.2023 for Rs.5,000/-

Ext.A3: Cash receipt of payment made to the opposite party dated 10.02.2023 for Rs.99,000/-.

Ext.A4:  Cash receipt of payment made to the opposite party dated 10.02.2023 for Rs.2,400/-

Ext.A5:  The invoice of the vehicle purchased

Ext.A6: The acknowledgment for having taken the vehicle for repair.

Ext.A7: Service history of the vehicle.

Ext.A8: Service history of the vehicle.

Ext.A9: Registration certificate of the vehicle.

            Document marked from the side of Opposite party: Nil.

            Witness examined on the side of the complainant: Nil

            Witness examined on the side of the opposite party:  Nil

Court witness: Nil

            Cost : 15,000/-.

NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5)of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.

 
 
[HON'BLE MR. Vinay Menon.V]
PRESIDENT
 
 
[HON'BLE MRS. Vidya A]
MEMBER
 
 
[HON'BLE MR. Krishnankutty. N.K]
MEMBER
 

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