Chandigarh

DF-I

CC/216/2020

Pawan Kumar Goel - Complainant(s)

Versus

BMW India Pvt. Ltd. - Opp.Party(s)

Vaibhav Goel

02 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/216/2020
Date of Institution	:	13/07/2020
Date of Decision	:	02/08/2023

 

Pawan Kumar Goel, Proprietor of M/s Chemical Resources, Plot No.3A, Industrial Area Phase-II, Panchkula, Haryana.

… Complainant

V E R S U S

1. BMW India Pvt. Ltd., Registered Office at: 2^nd Floor, Oberoi Centre, Building No.11, DLF Cyber City, Phase-II, Gurugram, Haryana-122002.
2. Proprietor/Director of Krishna Automobiles, office at: Plot No.125, Industrial Area, Phase-1, Chandigarh-160002.
3. Ms.Vidya, CRM Manager (After Sales) Krishna Automobiles, Office at: Plot No.125, Industrial Area, Phase-1, Chandigarh-160002.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Angad Khosla, Counsel for Complainant.
	:	Sh.Shobit Phutela, Counsel for OP No.1.
	:	Sh.Jagvir Sharma, Counsel for OP No.2 & 3.

 

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant had purchased a BMW 730 LD car from authorized dealer OP No.2. The complainant has been using the car from 8 years and during these years the said car has covered around 60,000/- kms and now from the last 4 years the complainant is facing huge maintenance problem with the said vehicle. On 06.07.2016 the OP No.2 has sent the complainant an extended warranty package via email which was discussed by the representative to be BSI Plus & Ext warranty package (Annexure C-1). The complainant convinced from the offer of the OP thus he paid an amount of Rs.3,74,379/- for the extension of the warranty (Annexure C-2).

         On 16.05.2020 the complainant had reported for a rear suspension tilt, thereafter vehicle was checked by service centre of OP No.2 and it was found that there is a problem of air suspension which is caused due to air supply pump. It is further submitted that the air suspension is included in the warranty policy issued by the OP. Thereafter, OP No.2 vide email dated 16.05.2020 has given the estimate of expenses of the vehicle. The complainant got shocked after getting the estimate of Rs.4,67,375.26 which were to be borne by the complainant. The claim of the OPs is not genuine as nothing has to be paid by the complainant for the aforesaid repairs/replacement as all these parts are covered under the warranty package. The complainant immediately raised his concern and wrote the email dated 16.05.2020 to the OP No.1 regarding the maintenance and problem of the subject vehicle (Annexure C-3 & C-4). The complainant requested all the OPs, number of times through emails to rectify/change the defected parts and adhere to the terms and conditions of the extended warranty package. However, to the utmost surprise of the complainant the concerned officials refused to abide by the terms and conditions of the agreement an told the complainant in a very clever manner that the parts are not covered under the warranty package and are chargeable (Annexure C-5). The complainant sent a legal notice to the OPs (Annexure C-6), but the said notice was not replied by any of the OP. Hence is the present consumer complaint.

2.     OP No.1 contested the consumer complaint filed its written reply and stated that the said policy was taken on 5 August 2016 which was the 5^th year of car from the date of its purchase i.e., 8 September 2011 and therefore, the repair inclusive warranty expired in the 6^th year of car i.e., 7 September 2017. The alleged suspension issue in the instant case is complained on 16 May 2020, and therefore, the complainant cannot be entitled to benefit out of an expired policy. It is also submitted that extended warranty packages are provided only upto 6^th year of the ownership of a vehicle, commencing from warranty start date of the same. It is further submitted that the OP No.1 only sells its vehicles to the OP No.2, who then further sells such vehicles to its customers. It is also submitted that the car was purchased by the complainant from OP No.2 to the complainant and even the estimates dated 16.05.2020 and 19.05.2020 for repair of the car was provided by the OP No.2 to the complainant, the indictment of OP No.2 without privity of contract is illegal and extraneous to law. On these lines, the case is sought to be defended by OP No.1.
3.     OP No.2 & 3 contested the consumer complaint, filed their rely and stated that the car in question has been purchased in the name of the firm which is engaged in commercial activities. The invoice and registration of the car in question is issued in the name of the firm M/s Chemical resources which is a commercial entity. It is also submitted that the extended warranty was for 1 year and service was for another five years. The warranty was to end on 7.9.2016. The complainant has failed to mention these facts for the reasons best known to it. It is further submitted that the estimate has been rightly supplied as it was not covered under the extended warranty package which had expired on 7.9.2016. The Annexure C-1 is neither a complete document nor it is in contention for the adjudication of the present complaint as the complainant had gone through the annexure R-1, who has also sent the same to his office and for further, clarification he has asked for service invoice performa which is an annexed with this reply as Annexure R-4. The details of the package reproduced by the complainant are incomplete and have been mentioned for the purpose of seeking adjuration of the present complaint. On these lines, the case is sought to be defended by OP No.2 & 3.
4.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
5.     Parties led evidence by way of affidavits and documents.
6.     We have heard the learned counsel for the parties and gone through the record of the case.
7.     On perusal of the complaint, it is gathered that the main grievance of the complainant is that his vehicle was not repaired, inspite of having valid extended warranty cover.
8.     We have perused the Annexure C-1, which is  correspondence in between OPs and the complainant regarding extension of warranty with regards to vehicle in question. From the correspondence, it is very clear that the extension of warranty is with effect from the date of expiry of earlier warranty w.e.f. 8.9.2016 for 10 years/1,00,000 kms plus and RI 6 years/2,00,000 kms for which the complainant made the payment. Hence, in our view the period of 10 years & 6 years starts from the date of expiry of earlier warranty period i.e., w.e.f. 8.9.2016. We are of the view that the required maintenance of vehicle on 16.5.2020, is duly covered very much in the extended warranty period. By not carrying out necessary repairs during the extended warranty period, OP No.2 & 3 have indulged in the unfair trade practice and are deficient in providing proper service to the complainant.    
9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP No.2 & 3 are directed as under :-

1. to carry out the necessary repairs and replace/change the defective parts, if any, strictly as per terms and conditions of the valid extended warranty package.
2. to pay an amount of ₹25,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹10,000/- to the complainant as costs of litigation.

10.     Since no deficiency in service or unfair trade practice has been proved against OP No.1, therefore, the consumer complaint qua it stands dismissed with no order as to costs.
11.     This order be complied with by the OP No.2 & 3 within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
02/08/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Suresh Kumar Sardana]
			Member