Date of filing:- 06/05/2019.
Date of Order:-16/01/2020.
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM(COURT)
B A R G A R H.
Consumer Complaint No. 21 of 2019.
Surendra Dash, S/o Late Janek Dash, aged about 43(forty three) years, R/o Sohela, (Padampur Road), Po. Sohela, Ps. Sohela, Dist. Bargarh. ..... ..... ..... Complainant.
-: V e r s u s :-
Authorised Signatory, Krishna Automative, Bargarh, At. Near Royal Enfield Showroom, N.H.06, Haldipali Chowk, Bargarh, Po/Ps/Dist. Bargarh.
..... ..... ..... Opposite Party.
Counsel for the Parties:-
For the Complainant :- Sri D.Acharya, Advocate with associate Advocates.
For the Opposite Party :- Ex-Parte.
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r (W).
Dt.16/01/2020. -: J U D G E M E N T:-
Presented by Ajanta Subhadarsinee, Member(w):-
The complaint is arising out of deficiency in service envisaged under the Consumer Protection Act-1986.
The brief facts of the Complainant is narrated below:-
The complaint contends that the Complainant has purchased a Mahindra Bolero Maxi Truck Plus on Dt.16/01/2017 vide Regd No. OD-17-J-9567, Engine No. FBG4M83509 and Chassis No. MA1ZP2TBKH2A50622 and the Opposite Party is an authorised service centre namely Krishna Automative, Bargarh to provide service and assistance to the customers of Mahindra and Mahindra company's vehicle. And the Complainant has availed the Mahindra Road Side Assistance Service by paying Rs.1,220/-(Rupees one thousand two hundred twenty)only to the Opposite Party on Dt.22/01/2018. The registration date of the said programme was Dt.25/01/2018 ending with Dt.26/01/2019. The Mahindra RSA programme is a 24X7 emergency service provider to its immobilized vehicles due to any mechanical or accidental breakdown.
Further the complaint contends that on Dt.08/07/2018 when the Complainant was coming to Bargarh near Gurudwara Chowk, automatically the speed of the vehicle accelerated and suddenly it came to zero, and the vehicle became immovable. Then the Complainant made a telephone call to the Opposite Party who responded through a SMS at 10.13AM intimating him that his reference No. is MM1819251744 and his service will be attended without any delay and he was advised not to pay any amount to the service person. Again at 10.32 AM another SMS sent by the Opposite Party intimating the Complainant that one Manas Mishra an agent is working on the complaint for service, who will call him shortly. But, no one has came to the spot from service centre of the Opposite Party to sort out the problem from the vehicle, till 3(three) to 4(four) hours of defect. Lastly, the Complainant took his vehicle to his garage at Sohela with the help of another vehicle and on the next day he brought his vehicle to the service centre with the help of other vehicle, because on the day of occurance i.e. Dt.08/07/2018, was a Sunday. Therefore, the Complainant has spent Rs.15,000/-(Rupees fifteen thousand)only for taking the vehicle from Gurudwara Chowk, Bargarh to Sohela and from Sohela to the service centre of the Opposite Party.
Further the complaint contends that, though the Opposite Party has received an amount of Rs.1,220/-(Rupees one thousand two hundred twenty)only from the Complainant with an undertaking to provide Road Side Assistance under the programme but he did not perform his duty properly, which amounts to deficiency in service and unfair trade practice, for which the Complainant has sustained physical pain and mental agony which needs to be compensated by the Opposite Party. Therefore the Complainant seeks the direction of the Forum to direct the Opposite Party to compensate him Rs. 15,000/-(Rupees fifteen thousand)only towards shifting of the defective vehicle from the spot to the service centre and Rs. 20,000/-(Rupees twenty thousand)only for his physical harassment, mental agony and litigation expenses, which amounts to Rs.35,000/-(Rupees thirty five thousand)only total compensation amount to the Complainant by the Opposite Party.
The Complainant in support of hi contention relied upon the copy of the following documents:-
Xerox copy of workshop money receipt Dt.22/01/2018 issued by Krishna Automotive.
Xerox copy of part requisition receipt issue by the Krishna Automotive.
Xerox copy of Enrollment details of the Complainant in the programme.
Downloaded SMS send by the RSA Service Provider.
Having gone through the Complaint petition and the documents along with it, and hearing the advocate for the petitioner, the case is admitted and notice served on the Opposite Party, for his appearance and version. Service is sufficient against the Opposite Party, but SR not back from him. Being noticed the Opposite Party neither appeared nor filed his version till Dt. 12/12/2019, consequent whereupon, the forum was pleased to set him as Exparte and the date fixed for Exparte hearing. Heard the matter from the advocate for the Complainant and the case posted for Exparte order.
After a careful scrutiny of the case record and all the documents filed by the Complainant and by hearing the advocate, it is found that the Complainant has purchased a Mahindra Bolero maxi Truck Plus BSIV on Dt. 16/01/2017 bearing Regd. No. OD-17-J-9567, Engine number FBG4M83509 and chassis Number MAIZP2TBKH2A50622. And the Opposite Party is an authorised service centre of Mahindra and Mahindra. To avail the Road side Assistance Service (RSA) the Complainant has paid Rs.1,220/-(Rupees one thousand two hundred twenty)only to the Opposite Party on Dt.22/01/2018 with agreed upon the terms and conditions of the program and the registration date of the RSA Programme was 25/01/2018 ending with Dt. 26/01/2019. Unfortunately on Dt. 08/07/2018 at about 10.00 AM while the Complainant was coming from Gurudwara Chowk, suddenly the speed of the vehicle cross automatically without any pressure on the accelerator plate and if came down to zero speed due to same mechanical defect and finally it became immovable. Then the Complainant made a telephonic call to the Opposite Party, Who responded his call through SMS at. 10.13 AM and at 10.30 AM to the Mobile no. of the Complainant, But physical response was done by the Opposite party. Neither the Opposite party has taken any steps to repair the vehicle nor send any service person to the spot to sort out the defect from the same, which the Complainant has paid extra money to the Opposite party for RSA programme the Opposite party has received on amount of Rs. 1,220/-((Rupees one thousand two hundred twenty)only from the Complainant with an undertaking to provide Road Side Assistance under the programme, but he did not perform his duty, which amount to deficiently in service and unfair trade practice. For these activities of the Opposite Party, the Complainant has suffered mentally and physically a lot and he has to spend extra money for the transportation of his immovable defective vehicle to the service centre at Sohela on the next day, because it was Sunday when the defect occurred in the vehicle.
It is clear from the documents filed by the Complainant that the Complainant has enrolled into Mahindra WYHRSA Program, for 24*7 Roadside Assistance, having registered No. Unique Sr No. H2A50622, program code RSA137 and the program Regd. Date was 25 Jan 18 and the end date was 20/01/2019. The defect occurred in the vehicle on Dt. 08/07/2018, within the RSA program, time period. And it is the duly of the Opposite Party to give proper service to the Complainant as per his RSA program, for which he has taken money from the Complainant and supplied a certificate there upon. Again the Opposite Party by giving 2 messages to the Complainant by giving false assurance to attend the Complaint and unnecessarily detained the Complainant for 3 to 4 hours on the spot, shows his negligence towards his customer.
From the above discussion it reveals that although defect occurred within the RSA program period, neither it rectified by the Opposite Party,nor came to the spot to help the Complainant, amounts to deficiency in rendering service and adopting unfair trade practive, on the part of the Opposite party to his Customer/Consumer. Further even notice was duly served on him, his non appearance before the Honble forum clearly implies that he is will fully disobeying the order of Honble forum and he has nothing to say about the dispute matter. Due to these act and attitude of the Opposite Party, lthe Complainant has got physically mentally harassment and financial loss.
Hence, it can be concluded by us that the Complainant is a genuine Consumer of the Opposite Party u/s 12 of CP Act 1986 and by not providing any Consumer Service to the Complainant the Opposite Party is guilty of deficiency in service and have adopted unfair trade practice and liable for Compensation raised by the Complainant.
Hence, the order follows as hereunder.
O R D E R
The Opposite Party is hereby directed to pay an amount of Rs.20,000/-(Rupees twenty thousand)only with an intrest at the rate of 8% per annum from the date of filing of this case till the actual date of payment to the Complainant within 30 Days from the date of order, failing which the awarded amount shall carry at the rate of 12% per annum till the actual date of payment.
Complaint is allowed and disposed off accordingly.
Typed to my dictation
and corrected by me.
( Ajanta Subhadarsinee)
M e m b e r(w).
I agree,
(Sri Krishna Prasad Mishra)
P r e s i d e n t.
Uploaded by
Sri Dusmanta Padhan
Office Assistant, Bargarh.
