DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 15^th day of May  2012

Present : Smt.Seena H, President

            : Smt. Preetha.G. Nair, Member

            : Smt. Bhanumathi.A.K, Member           Date of filing: 21/01/2012

(C.C.No.22/2012)

Anantha Krishnan,

10/15, Aniyath House,

Vadakkethara,

Karippode,

Chittur Taluk,

Palakkad                                             -        Complainant

(By Adv.B.Ravikumar)

V/s

1.Chief General Manager(Service),

   Maruti Suzuki India Ltd.

   Palam, Gurgaon Road,

   Gurgaon – 122015

   Hariyana State

 (By Adv.M.R.Manikandan)

2.Indus Motors P.Ltd.,

   Opp.South Gate of Shipyard,

   M.G.Road, Kochi – 682015

   Kerala

   (Rep.by Manager)

   (By Adv.C.K.Bhaskaran)

3.Indus Motors Company P.Ltd.

   8/576, Chandranagar,

   Palakkad – 678 007

   (Rep.by Manager)                             -        Opposite parties

   (By Adv.C.K.Bhaskaran)

O R D E R

By Smt.PREETHA G NAIR, MEMBER

The complainant had purchased a brand new Maruti 800CC car from the 2^nd opposite party with registration No.KL-09-X-3793 on 15/6/09. The complainant had taken an extra warranty on 25/06/2009 after paying an amount of Rs.1495/- valid upto 14/6/2012. As per the terms and condition of the warranty the opposite parties are bound to repair the vehicle free of costs. The vehicle has given for service  to the 3^rd opposite party on 3/5/2011 bearing job card No.JC 1100053. The 3^rd opposite party had charged an amount of Rs.6,600/- as per bill dated 3/5/11 illegally without any reason. The 3^rd opposite party rectified the complaints and returned the vehicle to the complainant on 3/5/2011. All the services and repairs of the vehicle were done through the authorized service centre under the 1^st opposite party. The complainant had requested to the 3^rd opposite party to settle the issue. But the opposite parties not settled. Then the complainant sent a registered notice dated 24/11/11 to the opposite parties. The 1^st opposite party had sent a reply stating that the regional service manager in Cochin was advised to look into the matter and to extend necessary assistance by letter dated 9/12/11. The 3^rd opposite party had sent a letter dated 20/12/11 to the complainant stating that they are ready to reimburse the amount to the complainant. When the complainant approached the 3^rd opposite party they have turned down without making any payment as promised. Instead they have  sent another letter to the complainant stating that they are ready to reimburse only Rs.3,500/- along with Rs.500/- towards cost stating false allegations. The complainant had never made any repair or service of the vehicle in any unauthorized service centers till 3/5/11. The act of opposite parties are illegal and caused very serious mental agony to the complainant. Hence the complainant prays an order directing the opposite parties to

1.    Reimburse the amount  of Rs.6,600/- with Rs.1,500/- towards notice charges with interest at 12% per annum from 3/5/11 till payment.

2.    Pay an amount of Rs.5,000/- as compensation for mental agony and physical sufferings

3.    Pay Rs.3,000/- as cost of the proceedings.

Opposite parties filed version stating the following contentions. It is denied that an amount of Rs.6,600/- was illegally charged by opposite party No.3 as alleged by the complainant. The complainant failed to produce relevant vehicle service records at the time of obtaining running repairs on 3/5/11 which disentitled him to get benefit of services as per the terms of extended warranty. The complainant failed to abide by the terms and conditions of extended warranty and there is no negligence on the part of opposite parties. It is submitted that the complainant was requested verbally and through written communications to collect the consideration for a sum of Rs.3,500/- plus Rs.500/- as cost of notice issued  by the complainant. The 1^st opposite party stated that under the head list of components covered Air conditioning, compressor, condenser, evaporator reservoir, thermostat, switch, fan, motor heater core AC switch (V-Belts, pipes, hoses and gas leaks are not covered compressor is covered only up to 60,000 kms). Hence 2^nd opposite party   offered for a refund of Rs.3,500/- for the parts which are covered under ambit of extended warranty. There is no deficiency in service on the part of 1^st opposite party.

2^nd and 3^rd opposite parties admitted that the complainant had purchased a Maruti 800CC car from them manufactured by the 1^st opposite party. The complainant had also taken an extended warranty valid upto 14/6/2012. The vehicle was brought for 1^st free service on 27/6/09 and the vehicle delivered on the same day after completing the necessary works and usual service for 1^st free service.

The vehicle was again brought on 1/10/09 and the vehicle was returned on the same day after second free service. The vehicle was brought for 3^rd free service on 27/11/10 and after the regular service the vehicle was returned on the same day. The complainant had brought his vehicle on 2/5/11 for running repair with demanded repairs of A/c cooling coil check and A/c gas leakage. The vehicle was returned on the same day after repairing works.

The vehicle was again brought on 3/5/11 with the same demanded repairs of A/C cooling coil check and A/C gas leakage. The vehicle was returned on the same day after completing the demanded works and collect an amount of Rs.6,600/- towards the bill for the works done including gas filling and  labour works for removing the A/C and fitting the same. Thereafter the complainant sent a lawyer notice dated 24/11/11 to opposite parties.

As a part of the customer service 2^nd and 3^rd opposite parties decided to reimburse Rs.3,500/- to complainant. But due to an oversight the amount was not mentioned in the letter dated 20/12/11 issued to the complainant. Hence the 2^nd and 3^rd opposite parties had issued another notice showing the amount.

The complainant had repaired the vehicle for A/C complaint from another workshop, which  was mentioned by him when the vehicle was brought to them. Then the opposite parties informed the said action is  the violation of policy and thus the works cannot be done under warranty. Then the complainant demanded to repair and he is ready to make the payment. The warranty will be covered only for the vehicles maintained under proper service from the authorized service stations of Maruti. There is no deficiency of  service on the part of opposite parties 2 and 3.  Hence the opposite parties prayed that dismiss the complaint with cost.

Complainant and 3^rd opposite party filed affidavits. Ext.A1 to A11 marked on the side of complainant. No documentary evidence produced by the opposite parties. 1^st and 2^nd opposite parties  affidavit not filed.

Matter heard.

Issues to be considered are

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

2.    If so what is the relief and cost ?

Issue No1

Heard both parties and perused relevant documents on record. Admittedly the complainant had purchased a brand new Maruti 800CC car from the 2^nd opposite party on 15/6/09. Ext.A1 is the extended warranty booklet shows the complainant had taken an extra warranty for the vehicle on 25/6/09 after paying an amount of Rs.1,495/-  valid upto 14/6/12. As per the terms and conditions of Ext.A1 Maruti Extended Warranty Coverage is covered to Air Conditioning, compressor, condenser, evaporator, reservoir thermostat switch. (compressor is covered only upto 60,000 kms). The opposite parties not produced evidence to show that the vehicle covered  above 60,000 kms. The only contention raised by the opposite parties that the complainant had made some repair works in the month of November 2011 with another service station. But the opposite parties not produced evidence to show that the complainant had made repair works with another service station. Ext.A2 shows that 3^rd opposite party repaired the vehicle on 3/5/11 for an amount Rs.6,600/-. As per Ext.A1 the opposite parties are bound to repair the vehicle free of costs till 14/6/2012. Ext.A10 shows that on 20/12/11 the  3^rd opposite party ready to reimburse the amount to the complainant. It is the bounden duty of opposite parties to repair the vehicle with free of cost within the warranty period.

In the above discussions we are of the view that there is deficiency in service on the part of 3^rd opposite party alone. Opposite parties 1 &2  are exonerated.  In the result, complaint allowed. We direct the 3^rd opposite party liable to pay the complainant an amount of Rs.6,600/- (Six thousand six hundred only) as the amount illegally collected and pay an amount of Rs.3,000/- (Rupees Three thousand only) as compensation for mental agony and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings.

Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum  for the whole amount from the date of order, till realization.

Pronounced in the open court on this the 15^th day of May 2012.

   Sd/-

Seena H

President

   Sd/-

Preetha G Nair

Member

   Sd/-

Bhanumathi.A.K.

Member

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 –  Extended warranty Booklet

Ext.A2 – Job Card Retail Cash Memo dated 3/5/11 issued by 3^rd opposite party

Ext.A3 series –  Copy of lawyer notices dated 24/11/11 sent to opposite parties

                       by complainant’s advocate.

Ext.A4 – Reply to lawyer notice dated 9/12/11 sent by 1^st opposite party.   

Ext.A6 – Copy of letter dated 26/12/11 sent by 3^rd opposite party to the

            complainant

Ext.A7 – Tax/Vehicle Invoice dated 15/6/09  issued by 2^nd opposite party

Ext.A8 – Retail Invoice dated 22/12/2011 issued by Car Craft

Ext.A9 – Copy of reply to  lawyer notice dated 9/12/11   

Ext.A10 –Copy of letter dated 20/12/11 sent by opposite party 3^rd opposite

             party to the complainant

Ext.A11 – Owner’s Manual and Service Booklet

Exhibits marked on the side of the opposite party

Nil

Cost Allowed

Rs.1,000/- allowed as cost of the proceedings.