Haryana

StateCommission

A/849/2015

MAHINDRA AND MAHINDRA LTD. - Complainant(s)

Versus

BRIJ LAL - Opp.Party(s)

VAIBHAV NARANG

21 Oct 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

                                                First Appeals No: 697 & 849 of 2015

                                                and 172 of 2016

                                                Date of Institution : 24.08.2015,

                                                07.10.2015 and 24.02.2016

                                                Date of Decision: 21.10.2016     

  

First Appeal No.697 of 2015

 

M/s Supreme Mobiles Limited (Authorized Dealer of Mahindra & Mahindra Limited), Showroom 473-74, Auto Market Hisar 125001 (Haryana) Spare and Workshop, 5^th KM Stone, Bagla Road, Hisar (Haryana), through its Chairman cum Managing Director.

                                      Appellant-Opposite Party No.1

                                                    Versus

1.      Brij Lal son of Surja Ram, resident of Village Bodiwali, Tehsil and District Fatehabad.

                                      Respondent-Complainant

 

2.      M/s Garg Motors, Opposite Sobha Raj Batra Dharamshala, G.T. Road, Fatehabad-125050 through its Proprietor.

 

3.      M/s Garg Motors, 9^th KM Milestone, Hisar Road, Near Sikanderpur Chowk, Sirsa -125050 through its Proprietor.

 

4.      Mahindra & Mahindra Limited, Chakan Near Pune (Maharashtra) through its Chairman cum Managing Director.

Respondents-Opposite Parties No.2 to 4

 

First Appeal No.849 of 2015

 

Mahindra & Mahindra Limited, Chakan Near Pune (Maharashtra) through its Chairman cum Managing Director.

Appellant-Opposite Party No.4

Versus

1.      Brij Lal son of Surja Ram, resident of Village Bodiwali, Tehsil and District Fatehabad.

                                      Respondent-Complainant

 

2.      M/s Supreme Mobiles Limited (Authorized Dealer of Mahindra & Mahindra Limited), Showroom 473-74, Auto Market Hisar 125001 (Haryana) Spare and Workshop, 5^th KM Stone, Bagla Road, Hisar (Haryana), through its Chairman cum Managing Director.

3.      M/s Garg Motors, Opposite Sobha Raj Batra Dharamshala, G.T. Road, Fatehabad-125050 through its Proprietor.

 

4.      M/s Garg Motors, 9^th KM Milestone, Hisar Road, Near Sikanderpur Chowk, Sirsa -125050 through its Proprietor.

          Respondents-Opposite Parties No.1 to 3

 

First Appeal No.172 of 2016

 

1.      M/s Garg Motors, Opposite Sobha Raj Batra Dharamshala, G.T. Road, Fatehabad-125050 through its Proprietor.

 

2.      M/s Garg Motors, 9^th KM Milestone, Hisar Road, Near Sikanderpur Chowk, Sirsa -125050 through its Proprietor.

Appellants-Opposite Parties No.1 to 3

 

Versus

1.      Brij Lal son of Surja Ram, resident of Village Bodiwali, Tehsil and District Fatehabad.

                                      Respondent-Complainant

 

2.      M/s Supreme Mobiles Limited (Authorized Dealer of Mahindra & Mahindra Limited), Showroom 473-74, Auto Market Hisar 125001 (Haryana) Spare and Workshop, 5^th KM Stone, Bagla Road, Hisar (Haryana), through its Chairman cum Managing Director.

 

3.      Mahindra & Mahindra Limited, Chakan Near Pune (Maharashtra) through its Chairman cum Managing Director.

Respondents-Opposite Parties No.1 & 4

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.                                                                                          

Argued by:          Shri Vaibhav Jain, Advocate for M/s Supreme Mobiles Limited and and M/s Garg Motors

                             Shri Vaibhav Narang, Advocate for Mahindra & Mahindra Limited

                             Shri P.K. Ganga, Advocate for Brij Lal-complainant.

  

                                                

                                                   O R D E R

 

NAWAB SINGH,J (ORAL)

 

This order shall dispose of afore-mentioned appeals bearing No.697, 849 of 2015 and 172 of 2016 having arisen out of common order dated May 13^th, 2015 passed by District Consumer Disputes Redressal Forum, Fatehabad (for short, ‘District Forum’) in Complaint No.157 of 2014.

2.      First Appeal No.697 of 2015 has been filed by M/s Supreme Mobiles Limited-Opposite Party No.1, First Appeal No.849 of 2015 by Mahindra & Mahindra Limited-opposite party No.4 and First Appeal No.172 of 2016 by M/s Garg Motors-opposite parties No.2 and 3 for setting aside the impugned order.   

3.      Brij Lal-Complainant, purchased vehicle bearing registration No.HR22J-8618 from M/s Supreme Mobiles Limited-Opposite Party No.1, on January 30^th, 2014. It was manufactured by Mahindra & Mahindra Limited-opposite party No.4.  The vehicle developed some defects. The opposite parties failed to rectify the defects. The complainant filed complaint under Section 12 of the Consumer Protection Act, 1986.

4.      The District Forum allowed the complaint directing the opposite parties to replace the vehicle with new one or pay the price of the vehicle, that is, Rs.7,56,000/- and Rs.10,000/- as compensation to the complainant.

5.      Learned counsel for Mahindra & Mahindra Limited-opposite party No.4 has stated that they are ready to repair the vehicle to the satisfaction of the complainant.

6.      Indisputably, the vehicle developed some defects within the warranty period.  The opposite parties failed to remove the defects.  The District Forum directed the opposite parties to replace the vehicle with the new one or to pay Rs.7,56,000/-, that is, price of the vehicle, which this Commission does not deem it appropriate because the manufacturer, that is, Mahindra and Mahindra Limited is ready to repair and makes the vehicle roadworthy.  Accordingly, the complainant shall bring his vehicle to the workshop of M/s Garg Motors, Fatehabad– opposite party No.2 for necessary repairs and M/s Garg Motors shall return the vehicle to the complainant against receipt within 15 days after removing all the defects mentioned in the complaint. After repair of the vehicle, two Engineers of Mahindra and Mahindra Limited-opposite party No.4 would examine and issue a certificate to the complainant with respect to the repair made by them.  The expenses incurred on the repair of the vehicle shall be borne by the manufacturer.

7.      In view of this, the appeals are disposed of in the manner indicated above and the impugned order is set aside.

8.      The statutory amount of Rs.25,000/- each deposited at the time of filing the appeals be refunded to the respective appellants against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

9.      The original order is attached with First Appeal No.697 of 2015 and certified copy be attached with First Appeals No.849 of 2015 and 172 of 2016.

 

 

Announced 21.10.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK