BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complaint  Case No  :1259 of 2009

Date of Institution :  02.09.2009

Date of  Decision   :  13.04.2010

Jai Kumar s/o Sh. Prem Chand, R/o H.No. 3442, Sector 38-D, Chandigarh.

 ……Complainant

V E R S U S

CMPL Automobiles Pvt. Ltd., Plot No. 52, Industrial Area, Phase-I, Chandigarh.

.…..Opposite Parties

CORAM:     SH.LAKSHMAN SHARMA              PRESIDENT

          SH.ASHOK RAJ BHANDARI       MEMBER

          MRS.MADHU MUTNEJA             MEMBER

PRESENT: Complainant in person.

         Sh.Arun Dogra, Adv. for OP.

PER ASHOK RAJ BHANDARI, MEMBER

        Concisely put, the Complainant had given his motorcycle make “Victor”, bearing Regn. No. HR07G1268 to the OP for replacement of the petrol tank on 11.8.2009, on account of a major dent on it. Since it was an insurance claim case, the motorcycle was to be inspected by the Surveyor of the Insurance Company. After the insurance work was over, the Complainant took the delivery of the motorcycle on 18.8.2009, by paying a sum of Rs.2961/- in cash for the replacement of the aforesaid petrol tank. But to his utter surprise and dismay, rather than providing a new petrol tank, a defective petrol tank was replaced. Thereafter, he continuously pursued the matter with the OP for quite some time, but nothing positive could come out. Rather, when after much follow-up, the petrol tank was being replaced for the second time, the new petrol tank which was being fitted on his motorcycle was having a huge dent on the upper side of it. Hence, this complaint, alleging that the aforesaid acts of the OP amount to deficiency in service and unfair trade practice. In the end, the Complainant has prayed that the OP be directed to pay compensation Rs.10,000/- for their deficient services, mental tension, harassment and loss of valuable time, besides paying cost of litigation.

2]      Notice of the complaint was sent to OP seeking their version of the case. 

3]      OP in their written statement, while admitting the factual matrix of the case/reply, denied that it had fitted a defective petrol tank after receiving the payment of Rs.2961/-. It has been pleaded that the Complainant had seen the vehicle and after his full satisfaction had made the payment for the same. It was asserted that it was an insurance claim case and the surveyor of the insurance company had inspected the vehicle and as per the OP, the surveyor was satisfied in respect of the repair work done by the OP.  It was submitted that the petrol tank fitted by it on the motorcycle of the Complainant was perfectly alright and it has no defect in it. All other material contentions of the Complainant were controverted. Pleading that there was no deficiency in service on its part, a prayer has been made for dismissal of the complaint with exemplary costs.

4]      Parties led evidence in support of their contentions.

5]      We have carefully gone through the entire case thoroughly, including the complaint and the relevant documents tendered by the complainant / OP. We also heard the arguments put forth by the Complainant in person and learned counsel for OP. As a result of the detailed analysis of the case, the following points/issues have clearly emerged and certain conclusions/arrived at, accordingly:-

i]  The basic facts of the case in respect of the Complainant having given his motorcycle make “Victor”, bearing Regn. No. HR07G1268 to the OP for replacement of the petrol tank on 11.8.2009, due to a major dent on the petrol tank, having paid a sum of Rs.2961/- in cash for the replacement of the said tank and that the Complainant was not satisfied with the replaced tank, have all been well established. It is also a fact that the Complainant has been pursuing the matter in respect of replacing the defective tank with a defect free new one for quite some time, but the needful has not been done so far by the OP. On the contrary, the OP in its written statement/ reply has denied that it has fitted a defective petrol tank after receiving the payment of Rs.2961/-. It has been asserted by the OP that the Complainant had seen the vehicle and it was only after his full satisfaction that he had made the payment for the same. It is also admitted that it was an insurance claim case and the surveyor of the insurance company had inspected the vehicle and as per the OP, the surveyor was satisfied in respect of the repair work done by the OP. 

ii] The only dispute between the parties i.e. the Complainant and the OP is in respect of replacement of the petrol tank of the motor cycle of the Complainant once more, which according to the Complainant was not done properly earlier. The Complainant says that even when he went to the OP for replacement of the petrol tank for the second time, he was not offered a brand new defect free petrol tank. As per the Complainant, there is a huge crack on the right hand bottom side of the petrol tank and as such, the same needs replacement once again with a new petrol tank. This contention of the Complainant has been totally denied by the OP, saying that the petrol tank fitted by it on the motorcycle of the Complainant was perfectly alright and it has no defect in it whatsoever.

iii]   During the course of arguments, the learned counsel for the OP had stated that the OP was ready and willing to replace the existing petrol tank of the motorcycle belonging to the Complainant once again with a new one. But somehow, the two parties could not reach an amicable settlement.

6]      After a detailed analysis and in-depth study of the entire case, it is quite clear and also admitted by the OP that the petrol tank in question of the motorcycle belonging to the Complainant has already been replaced twice; once, on 18.8.2009 and second time on 27.8.2009. On both the occasions, the job in question was not done to the complete satisfaction of the Complainant. It appears that the OP had not replaced the petrol tank of the motorcycle with a brand new defect free petrol tank on both the occasions. Rather, it did the job in a very casual, careless and slip-shod manner. The OP has failed to put on record any satisfaction voucher/note signed by the Complainant, in token of getting the work of replacing the petrol tank done to his complete satisfaction. Therefore, the claim of the OP that the replacement of the petrol tank of the motorcycle of the Complainant was done to his entire satisfaction on 18.8.2009 is completely hollow, baseless and wrong. On the contrary, the Complainant has placed on record a large number e-mails and telephone calls made by him to the various functionaries of the OP, with a view to get his complaint redressed for obtaining a brand new defect free petrol tank, which he has not been able to get, till now. Keeping in view this, in our considered opinion, there is a gross deficiency of service on the part of the OP in receiving the full amount of Rs.2961/- as the cost plus taxes for the brand new defect free petrol tank and at the same time, not providing a new petrol tank to the satisfaction of the Complainant. The present complaint has a lot of weight, merit and substance and, therefore, it must succeed. As such, we allow the present complaint in favour of the Complainant and against the OP and pass the following order. 

7]      The OP shall replace the existing petrol tank of the motorcycle make “Victor” bearing Regn. No. HR07G1268 of the Complainant, with a brand new defect free petrol tank, free of cost.

8]      The aforesaid order be complied with by the OP, within a period of 04 weeks from the receipt of its certified copy, failing which the OP shall pay the sum of Rs.2,961/- along with interest @18% per annum from the date of filing of the present complaint i.e. 2.9.2009, till the date of realization.

9]     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

13.04.2010                                       Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                           Sd/-

(ASHOK RAJ BHANDARI)

MEMBER

                                                  Sd/-

(MADHU MUTNEJA)

MEMBER

‘Dutt’