Chandigarh

DF-II

CC/724/2018

Varinder Kumar Advocate - Complainant(s)

Versus

Ambala automobile India Limited - Opp.Party(s)

Dharam Pal Adv.

18 Mar 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	724/2018
Date of Institution	:	19.12.2018
Date of Decision	:	18.03.2019

 

                                       

                                               

Varinder Kumar, Advocate age about 35 years s/o Sh.Ramesh Kumar r/o Ward No.10, H.No.124, Purana Bazar Morinda, District Ropar now residing at H.No.49, Majri Chowk, Sector 2, Panchkula (Haryana)

                                ...  Complainant

Versus

Ambala Automobile India Ltd., Authorized Dealer of Chevrolet Sale India Pvt. Ltd., Plot No.182/1, Industrial Area, Phase-1, Chandigarh.

…. Opposite Party

BEFORE: SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by

                None for the complainant

                OP exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.         Brief facts of the case are that, the complainant purchased a car Beet Diesel bearing registration No.HR-03S-2145 from the OP in the year 2015. At the time of purchasing the car, the OP gave manufacturing warranty of all the parts of the car including the engine.  He also took extended manufacturing warranty by paying extra amount of Rs.3425/- which was valid upto 19.02.2019 or upto 125000 KM.  It has further been averred that in the month of September, 2018 some problems occurred to the suspension of the car and as such the same was taken to the workshop of the OP for its rectification. On checking, it was found that the steering rack, shocker, mount (both), arms and wheels cylinder  of the car were damaged and required to be changed for which he has to pay Rs.30,000/- but he refused to pay the same on the ground that the car is still under warranty period. But the OP refused to accede to the genuine requests of the complainant by stating that he did not get one service of the car within time. Therefore, on the same day i.e. 22.09.2018, he got conducted the service in routine manner and the OP charged Rs.4,910/- from him.  It has further been averred that he requested the OP as well as its officials many times to replace the defective parts of the car but to no effect.  It has further been averred that on 16.11.2018, when the condition of the car was going to be bad, he got changed two parts i.e. arms of the car by paying Rs.5689/- to the OP and the OP openly told that if he wants to change any other part of the car then he is liable to pay the cost of the same including service charges. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OP, the complainant has filed the instant complaint.
2.         Despite due service through registered post, the Opposite Party failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 28.01.2019.
3.         We have gone through the documents on record.
4.         In his evidence, the complainant has tendered into evidence his detailed affidavit in support of the averments made in the complaint along with the supporting documents mentioned in the complaint.   The averments of the complaint have gone un-rebutted in the absence of the OP who was duly served, and preferred neither to appear in person, nor through its Counsel. It is established beyond all reasonable doubt that the complaint of the complainant is genuine.   Since, the vehicle in question was covered under extended warranty, therefore, the OP was under obligation to repair/replace the defective parts as per the extended warranty policy and the OP was wrong in charging Rs.5,689/- on account of replacement of the defective parts. 
5.         In view of the above discussion, the present complaint deserves to be allowed against the OP and the same is accordingly allowed. The OP is directed as under:-

[i]            To refund Rs.5,689/- charged from the complainant on account of replacement of the defective parts of the car.

 [ii]           to carry out the repairs to the vehicle in question as per the terms and conditions of the extended warranty.

 [iii]          To pay Rs.3,500/- as costs of litigation.

6.         This order be complied with by the OP within 30 days from the date of receipt of its certified copy, failing which the amount at Sr.No. (i) shall also carry interest @ 9% per annum from the date of this order till its actual payment besides compliance of other directions.
7.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

18.03.2019 

(RAJAN DEWAN)

PRESIDENT

 

 

(PRITI MALHOTRA)

MEMBER

 

(RAVINDER SINGH)

MEMBER