DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NARNAUL
CONSUMER COMPLAINT NO.123 of 2014
DATE OF INSTITUTION:- 03.09.2014
DATE OF ORDER:- 14.01.2015
Smt. Nisha daughter of Shri Balwant, wife of Shri Surender Kumar, resident of House No. RZ 7 Sai Baba Enclave Nazafgarh, New Delhi, Now residing at Keshav Nagar, Gali No.3, Singhana Road, Narnaul, Tehsil Narnaul, District Mahendergarh
……………COMPLAINANT
VERSUS
- Apra Auto Works Private Ltd. through Manager Rewari Road, Narnaul, Tehsil Narnaul, District Mahendergarh
- Apra Auto India Private Ltd., Galaxy Hotel, Opposite Sector-14, Sector 15-2, Sector 15 Gurgaon, District Gurgaon through Managing Director Firm Majkoor.
………….. OPPOSITE PARTIES
COMPLAINT U/S 12 OF CONSUMER PROECTION ACT
BEFORE :- Rajesh Jindal, President
Smt. Usha Yadav, Member
L.K. Nandwani, Member
Present:- Shri Yogeshwar Vashisth, Advocate for the complainant.
Shri Anil Kumar Barkodia, Advocate for the opposite parties
ORDER:-
Rajesh Jindal, President:
According to the complaint, brief facts are that the complainant is registered owner of a vehicle Maruti Swift LDI bearing registration No.DL-9CS-4862. The complainant has alleged that on developing defect in the aforesaid vehicle, she got it repaired on 23.05.2014 from the opposite parties and the opposite parties have received Rs.4195/- vide cash memo No. BC 14001555 dated 23.05.2014 from her. The opposite parties after repairing the said vehicle gave an assurance that the vehicle is in O.K. condition. The complainant told the opposite parties that her father-in-law is suffering from heart disease and in emergency he has to go to Delhi, Gurgaon and Jaipur for his treatment. The complainant has averred that on 24.05.2014 due to cardiac arrest of her father-in-law while they were going to Jaipur Hospital and reached near Nangal Chaudhary, the tires of aforesaid vehicle caught fire. The complainant got admitted her father-in-law at Jaipur by hiring another vehicle. Thereafter, the complainant got repaired the aforesaid vehicle from the workshop of opposite party No.1, who charged Rs.7683/- from the complainant vide cash memo No.14001596 dated 24.05.2014. The opposite parties gave assurance that the vehicle is completely repaired and there is no defect in it. But thereafter on 31.05.2014 while the complainant along with her family was going to her relationship and reached at Mahendergarh the tires of aforesaid vehicle again caught fire. The complainant got repaired the vehicle from Shri Shyam Motors, Maruti Authorized Service Station, Mahendergarh by spending Rs.4031/-, where she came to know that the fire took place in the tires of the vehicle on account of fitting old parts in it by the opposite parties. The complainant has specifically averred that the said incident took place due to fitting old parts in the vehicle and also due to negligence and deficiency in service on the part of the opposite parties. The complainant sent legal notice dated 04.07.2014 to the opposite parties through her counsel Mr. Yogeshwar Vashisth, Advocate, Narnaul, but to no effect. The complainant has averred that the opposite parties be directed to pay the loss of repair expenses with compensation of Rs.5,00,000/- for mental agony and harassment.
2. The opposite parties filed joint reply stating, inter-alia, therein that on 23.05.2014 there was problem in A.C. and alignment of the aforesaid vehicle and after removing the said problem it was handed over to the complainant. It is denied that the complainant gave information with regard to the disease of her father-in-law to the opposite parties or their employees. The opposite parties have averred that, if any, fire took place in the tires of the vehicle, Tire Company is responsible for the same. The complainant has neither lodged any complaint with regard to fire allegedly taking place in the tires nor called the Fire Brigade. On 24.05.2014 when the vehicle was brought in the workshop of the opposite parties, no tire was found burnt, rather the break of front left side was found locked. The opposite parties installed new clipper in both front wheels of the vehicle and it was handed over to the complainant in perfect good condition. The opposite parties have also averred that after 24.05.2014 the complainant has not made any complaint with them. It is denied that old parts were fitted in the vehicle in question. There is no negligence and deficiency in service on the part of the opposite parties. Rests of the allegations as alleged in the complaint are denied. In the end, it is prayed that the complaint be dismissed with costs.
3. In order to make out her case, the complainant has placed on record her own supporting affidavit Annexure C-1, supporting affidavit of Kapoor Singh Annexure C-2, copies of Job Sheets Annexures C-3 & C-4, bill No.538 dated 31.05.2014 Annexure C-5, copy of legal notice dated 04.07.2014 Annexure C-6, postal receipt Annexure C-7, copy of prescription slip dated 25.05.2014 Annexure C-8, copy of driving licence of Sandeep Annexure C-9, copy of registration certificate of vehicle Annexure C-10 and copy of handicapped certificate of Kapoor Singh Annexure C-11.
4. In reply thereto, the opposite parties have placed on record supporting affidavit of Mr. Neeraj, Manager of opposite party No.1 Annexure R-1, Job Card Retail Cash Memos annexures R-2 and R-3.
5. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
6. Learned counsel for the complainant reiterated the contents of the complaint. He submitted that the opposite parties despite getting the payments of bill dated 23.05.2014 Annexure C-3 and bill dated 24.05.2014 Annexure C-4 did not make the necessary repairs and set right the car in question of the complainant and the complainant has to get it repaired from other mechanic vide bill Annexure C-5.
7. Learned counsel for the opposite parties reiterated the contents of the reply. He submitted that there is no fault on the part of the opposite parties and the car of the complainant has been properly repaired.
8. We have examined the material on record and given a thoughtful consideration to the arguments advanced before us. There is no denying the fact that the opposite parties charged Rs.4195/- vide bill dated 23.05.2014 Annexure C-3 and Rs.7663/- vide bill dated 24.05.2014 Annexure C-4. According to the complainant, still there was problem in the car and the complainant had got it repaired from other service station M/s Shri Shyam Motors on 31.05.2014, who charged Rs.4031/- vide bill No.538 Annexure C-5. Learned counsel for the complainant has drawn our attention to the noting put on the said bill Annexure C-5, which mentions that old Disped was fitted in the clipper and the learned counsel for the complainant also referred bill dated 24.05.2014 for Rs.7663/- Annexure C-4 charged by the opposite parties from the complainant for the same defect. The opposite parties in their defence have submitted the affidavit of Manager Annexure R-1 and bills dated 23.05.2014 and 24.05.2014 as Annexures R-2 and R-3. No affidavit of mechanic of the workshop and of the head of the workshop has been produced by the opposite parties to controvert the allegations of the complainant.
9. In view of the above discussion and taking into account every aspect of the case, we find that the opposite parties are negligent in making necessary repairs in the car of the complainant and are guilty of deficiency in service, despite getting the charges from the complainant, because the complainant has to get her car repaired from other service station vide bill annexure C-5, for the same defect, for which she was charged by the opposite parties vide bill Annexure C-4. Accordingly, we direct the opposite parties to refund the amount of Rs.7663/- charged by it vide bill dated 24.05.2014 Annexure C-4 and also to pay Rs.1500/- as cost of the complaint to the complainant. This order be complied with by the opposite parties within 30 days from the date of passing of this order.
Announced:-
14.01.2015
(Smt. Usha Yadav) (L. K. Nandwani) (Rajesh Jindal)
Member Member President,
District Consumer Disputes
Redressal Forum, Narnaul
