Tamil Nadu

North Chennai

221/2010

SPK sundara Kani - Complainant(s)

Versus

Balaji Autos - Opp.Party(s)

K Seetharam

25 May 2016

ORDER

 

                                                            Complaint presented on:  02.12.2010

                                                                Order pronounced on:  25.05.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

WEDNESDAY THE 25^th    DAY OF MAY 2016

 

C.C.NO.221/2010

 

 

Mr.S.P.K.Sundara Kani,

S/o.Mr.S.P.Kaliyappa Nadar,

No.15/6, Nethaji Nagar Street,

Tondiarpet, Chennai – 600 081.

                                                                                          ..... Complainant

 

..Vs..

	1.M/s.Balaji Autos, No.25, Thiruvottiyur High Road, Thangal, Chennai – 600 019.   2.Piaggio Greaves Vehicles Ltd., No.102, Phinex, Bond Garden Road, Pune – 411 001.
	.....Opposite Parties

Date of complaint                                  09.12.2010

Counsel for Complainant                      : M/s. K.Seetharam

Counsel for 1^st opposite Party                        : M/s. P.J.Rishikesh  

Counsel for 2nd   opposite party              : M/s.C.Rekha Kumari

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant purchased a Auto Rickshaw from the 1^st Opposite Party/Dealer  on 15.05.2010 for a total consideration of Rs.1,65,250/- which was manufactured by the 2^nd Opposite Party. The 1^st Opposite Party sales personal promised that the said Auto is the best in the market and it will give 30 km per ltr. The Complainant runs the vehicle for eking his livelihood. The auto engine always goes off on closing the accelerator, engine does not start on rope pulling and the driver is developing leg pain on applying the brakes.  The Complainant informed the 1^st Opposite Party that the auto is giving only 12 km/ltr and he cannot run the auto for his earnings and he refused to take the delivery of the auto until it is fit to run on a reasonable mileage and hence he caused legal notice to the Opposite Parties about the deficiency in the vehicles and thereafter he filed this Complaint for refund of cost of the vehicle and for compensation with cost of the Complaint.

2.WRITTEN VERSION OF THE OPPOSITE PARTIES IN BRIEF:

          The Opposite Parties denies that the Complainant purchased the vehicle for a consideration of Rs.1,65,250/- and in fact he paid only a sum of Rs.1,49,000/-. The Opposite Parties never assured the performance of auto would give 30 km/ltr. The Complainant brought the vehicle for 1^st service on completion of 1429 km reading within a span of 22 days. In average the vehicle was used 65 km per day.  The Complainant approached this Hon’ble Forum with malafide intention to enrich himself and the Opposite Parties have not committed any Deficiency in Service and prays to dismiss the Complaint.

3.POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what relief?

4.POINT NO :1

          It is an admitted facts of that the Complainant purchased an Auto from the 1^st Opposite Party for a consideration of Rs.1,49,000/- as per Ex.B1 & Ex.B2 and the said  auto is  manufactured by the 2^nd Opposite Party and the auto ran for 1429 kms during the period 01.06.2010 to 22.06.2010 which is evidenced in Ex.B8 job card.

          5. The Complainant alleged deficiencies in the vehicle that the auto rickshaw is not giving 12 km per ltr, its engine always goes off on neutral and engine does not start on rope pulling and the driver developing leg pain on applying the brakes. The Complainant filed Ex.A8 pamphlet issued by the Opposite Parties in respect of the vehicle. Nowhere in the pamphlet has it been stated that the vehicle will give 30 kms per ltr.   Therefore it is held that there was no assurance given by the Opposite Parties to the Complainant at the time of the purchase of the auto that it will give 30km per ltr.

6.  The Opposite Parties filed Ex.B8 job card that the auto was serviced with them and after service it was taken by the Complainant by subscribing his signature. The Complainant stated in his Ex.A9 notice that he requested the Opposite Parties to repair the vehicle and refused to take delivery of the auto until it is fit to run on a reasonable mileage. This statement of the Complainant leads to the conclusion that he left the vehicle with the Opposite Parties for repair. However, the Complainant has not filed any document to show that the vehicle was left with the Opposite Parties for service and the same continues to be in the hands of the Opposite Parties.  The Complaint was filed in the year 2010 and the same  was  dismissed for default  in the year 2011  and again the case was restored in the year 2015  on the intervention of the order of the Hon’ble SCDRC  by its order dated 21.04.2015 . The Complainant filed C.M.P 81/2015 to send the vehicle for examination by an expert and the same was dismissed by this Forum order dated 01.12.2015 and the said order become final.  Further, the Complainant has not filed any evidence to accept that the vehicle is having manufacturing defect. Therefore in the circumstances absolutely there is no evidence available to establish that the auto purchased by the Complainant is having manufacturing defect.  Therefore in the circumstances the Complainant has not established that the auto purchased by him was having manufacturing defect or any other defect and therefore the Complainant has not proved that the Opposite Parties have committed Deficiency in Service.

7.POINT NO: 2

           Since the Opposite Parties have not committed any Deficiency in Service, the Complainant is not entitled for any relief in the Complaint and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 25^th  day of May 2016.

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 02.06.2010                   Service Coupon

Ex.A2 dated 31.05.2010                   Electronic Auto Fare Meter

Ex.A3 dated 29.05.2010                   Delivery Challan issued by the 1^st Opposite Party

Ex.A4 dated 01.06.2010                   Form PC issued by Transport Dept.

Ex.A5 dated 31.05.2010                   Auto R.C.Book in the name of the Complainant

Ex.A6 dated 01.06.2010                   Tax Card

Ex.A7 dated 31.05.2010                   Auto General Insurance

Ex.A8 dated NIL                     Pamphlet advertisement issued by the 1^st Opposite

                                                Party

 

Ex.A9 dated 07.10.2010                   Complainant legal notice

Ex.A10 dated 10.11.2010                 1^st Opposite Party reply notice

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES:

Ex.B1 dated 28.05.2010                   Copy of the receipt of payment made by the

                                                Complainant Rs.1,00,000/-

 

Ex.B2 dated 31.05.2010                   Copy of the receipt of payment made by the

                                                Complainant Rs.49,000/-

 

Ex.B3 dated 31.05.2010                   Copy of details of free service

                                                reimbursement/warranty policy

 

Ex.B4 dated NIL                     Registration certificate of the vehicle

Ex.B5 dated 31.05.2010                   Copy of vehicle Insurance for the vehicle

                                                purchaser from the 1^st Opposite Party

 

Ex.B6 dated 01.06.2010                   Copy of Tax card Tax paid to Transport

                                                Department for the vehicle purchase from the 1^st

                                                Opposite Party

 

Ex.B7 dated 01.06.2010                   Copy of transport permits issue by the transport

                                                Department for the vehicle purchased from 1^st

                                                Opposite Party

 

Ex.B8 dated 22.06.2010                   Copy of job card of 1^st service done by 1^st

                                                   Opposite Party wherein no major Complaints were

                                                pointed outs.

                                     

 

 

MEMBER – II                                                               PRESIDENT