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Complainant in person
Advocate B.S.Tapaswi for the Opponents
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Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date – 28th February 2014
This complaint is filed by consumer u/s 12 of the Consumer Protection Act, 1986 against the manufacturer and sub dealer of the TVS Scooty for deficiency in service. Brief facts are as follows-
[1] Complainant is resident of Karvenagar, Pune. Opponent No.1 is the dealer and the Opponent No.2 is the manufacturer of the scooty moped. It is the case of the complainant that, she is using the two wheeler of different company for last 20 yrs. She has purchased new scooty on 6/10/2011 from the Opponent No.1 which was manufactured by the Opponent No.2. Within five days she found that the scooty is defective as there was break down of the scooty and she had required to push it to the authorized service station. It was repaired by the Opponent No.1. After free service of the scooty dated 1/11/2011, 28/12/2011 again there was break down of the scooty on 6/3/2012 on the road while complainant was proceeding to her office. As the mechanic did not come to attend the scooty, it was kept in the office and complainant went to her home by auto-rickshaw. On the next day, mechanic removed the fault. But again it was break down while she was proceeding to her office. It could not start. Hence, she attended the office by auto-rickshaw. Mechanic came to home on the next day and took the scooty to the garage. Thereafter, it was collected by the complainant on 21/3/2012. At the time of third free servicing on 29/3/2012, horn and fuel indicators were out of order. Those were got repaired on 6/4/2012. On 11/4/2012 the scooty was abruptly stopped while complainant was proceeding to office and could not start at all. She called the mechanic of the Opponent No.1. She was held up on the road for about half an hour. Then, mechanic took away the vehicle. On the next day, it was repaired and given back to the complainant. Complainant wrote complaint to the Opponent No.2 about the defects. But Opponent No.2 did not pay any heed to the request of the complainant. Complainant is in the public service undertaking in accounts department. March and April months are very crucial for her official work. During that period, new scooty gave trouble and lot of mental tension to her. She was held up on the road during the office hours. She had required to attend the office by auto-rickshaw. For all these reasons, she had filed present complaint and prayed for return of Rs.50,00/- by taking back scooty. She had also asked compensation of Rs.15,000/- for physical, mental and financial loss and costs of Rs.1,000/-
[2] Opponent No.1 though appeared through Advocate failed to file written version.
[3] Opponent No.2 resisted the complaint by filing written vesin. Fact as regards purchase of scooty by the complainant is not disputed. But it is the case of the Opponent that every vehicle which was sold out, was inspected before delivery. As per the warranty service conditions, the purchaser is not entitled to get price of the vehicle. He is entitled for the services or replacement of the spare parts. It reveals from the record that, the complainant had run the vehicle was long period and she is using the same today also. In such circumstances, she is not entitled for replacement of the vehicle or refund of money. It is further contended that the complainant has not produced any expert opinion in order to substantiate the contention that, the vehicle in dispute is defective one. Opponent No.2 has prayed for dismissal of the complaint and claimed compensatory cost u/s 26 of the Consumer Protection Act, 1986.
[4] After considering the pleadings of both parties, scrutinizing the documentary evidence, affidavits, written argument, following points arise for our determination. The points, findings and reasons thereon are as follows-
Sr.No. | POINTS | FINDINGS |
1 | Whether the complainant is entitled for replacement of the vehicle or refund of money ? | In the negative |
2 | Whether the complainant is entitled for compensation for physical and mental agony and financial loss ? | In the affirmative |
3 | What order ? | Complaint is partly allowed. |
Reasons-
As to the Point Nos. 1 to 3-
[5] The admitted facts in the present proceeding are that, the complainant had purchased TVS Scooty from the Opponent No.1 which was manufactured by the Opponent No.2. It is the case of the complainant that the said scooty was giving her trouble since the date of purchase. In order to substatnitate the allegations made against the Opponent, complainant has produced nine documents including job card and history of the vehicle. It reveals from the same that, during the period of first year, the vehicle was produced before the Opponent No.1 for repairs on one or other ground, for several times. It further reveals from the allegations that, complainant had required to call the mechanic while the vehicle was stopped abruptly on the road and she had required to attend the office by auto-rickshaw. Mental condition of the customer who has purchased the brand new vehicle for attending the office should have been considered with the vehicle had abruptly stopped on the road in the office hours.
[6] It is the case of the Opponent that vehicle was repaired by the Opponent No.1 from time to time and there is no deficiency in service, which was provided by the Opponent. Complainant has not produced any evidence of expert in order to show that there is manufacturing defect in the vehicle. In that circumstances, Opponent is praying for dismissal of the complaint. During the course of argument, complainant has admitted that, at this stage she has no complaint against the vehicle as it is roadworthy and she is using the same for attending the office. But during the first year she had suffered lot due to break down of the vehicle from time to time. It is the opinion of the Forum that, as the defects in the vehicle are removed by the Opponent, complainant is not entitled for replacement of the vehicle or refund of money. But as she has faced lot of trauma while using the vehicle since the date of its purchase, certainly, she is entitled for compensation on the ground of mental, physical agony and economic loss. After considering the nature of complaint, it is the opinion of the Forum that, complainant is entitled for compensation of Rs.10,000/- from the Opponent Nos. 1 and 2 for mental, physical agony and economic loss. She is also entitled to receive Rs.1,000/- for cost of proceeding.
In the light of the above discussion, this Forum answer the points accordingly, and pass the following order-
:- ORDER :-
1. Complaint is partly allowed.
2. Opponent Nos. 1 and 2 are jointly and severally directed to pay compensation of Rs.10,000/- [Rupees Ten thousand only] towards mental, physical agony and economic loss and costs of Rs.1,000/- [Rupees one thousand only] to the complainant within six weeks from the date of receipt of copy of order.
3. If the amount is not paid or deposited within the stipulated period, it shall carry interest @ 9% p.a. from the date of filing of complaint till its realization.
4. Both parties are directed to collect the sets which are provided for the Members within one month from the date of order. Else those will be destroyed.
Copy of order be supplied to both the parties free of cost.
