Chandigarh

DF-I

CC/89/2021

VINOD KUMAR SINGH - Complainant(s)

Versus

CRM MANAGER-CUSTOMER RELATIONS COURTESY HONDA, LALLY AUTOMOBILES INDIA PVT LTD - Opp.Party(s)

27 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/89/2021
Date of Institution	:	11/02/2021
Date of Decision	:	27/05/2024

 

Mr.Vinod Kumar Singh House No.4071 A, Sector-37 C, Chandigarh-160036.

Complainant

Vs.

 

1. CRM Manager-Customer Relations COURTESY HONDA, Lally Automobiles India Pvt Ltd, Plot No-6, Industrial Area, Phase-1, Chandigarh-160002.

2. Regional Manager-Escalations-North 2 & Pune Customer Relations Management, Honda Cars India Ltd. Mumbai-1302-1306, Kesar Solitaire, Plot No-5. Sector-19, Sonpada, Navi Mumbai-400705.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	None for Complainant.
	:	Sh.Gaurav Deep Goel, Advocate proxy for Sh.Aftab Singh Khara, Advocate for OP No.1 (OP No.1 ex-parte).
	:	Sh.Harvinder Singh, Advocate proxy for Sh.Karan Nehra, Advocate for OP No.2.

 

Per Suresh Kumar Sardana, Member

1.      Averments are that on 23.03.2018, complainant had purchased Honda Car, Registration No-CH01-BR-2264, manufactured by HONDA CARS INDIA LTD, from OP No.1 at a cost of Rs.6,78,187/- + Rs.38,000/- (Annexure-1). In addition to this complainant had spent Rs.82,672/-, after the purchase of the said vehicle, for miscellaneous works and periodical services. The vehicle in question is under warranty period upto 12.03.2022 (Annexure C-2). In the month of June 2020, complainant noticed that the audio video navigation system of the car was malfunctioning. Complainant made a call to Mr.Aashish (service advisor) of OP No.1, he advised the complainant to bring the car to the workshop of OP No.1 on the very next day on 12.09.2020. After inspecting the vehicle, service advisor of OP NO.1 opined that AVN system needs to be replaced and further assured that the same will be replaced by the end of this month i.e., September 2020 (Annexure C-3). The replacement of AVB system was not carried out by OP No.1 as per the specified date. Despite several efforts made by the complainant no satisfactory response has been received from the side of OPs nor any solution is provided to the complainant till date. Hence, is the present consumer complaint.
2.     OP No.1 contested the consumer complaint, filed its written reply and stated that the present consumer complaint is not maintainable qua OP No.1 on the ground that the complainant is seeking manufacturing defect of the component i.e., AVN systems which is an electronic component for navigation purposes. It is a settled law that a dealer cannot be held liable for deficiency in service in case the complainant is seeking inherent manufacturing defect in vehicle. On 25.09.2020, the vendor issued a token for replacement of the AVN system and on 3.3.2021, the OP No.1 received the AVN system from the vendor and accordingly replaced the system under warranty (OP-1/2). Thereafter, the complainant never raised any grouse. On these lines, the case is sought to be defended by OP No.1.

        None has turned up on behalf of OP No.1, hence OP No.1 is proceeded against ex-parte vide order dated 17.03.2023.

3.     OP No.2 contested the consumer complaint, filed its written reply and stated that the only grievance of the complainant is with the AVN system of the car. At this juncture, it is submitted that the said part is manufactured by a third-party entity and not the answering OP. At this juncture that neither is the complainant a consumer of the answering OP, nor has the answering OP provided any warranty to the complainant. It is further alleged that the complainant has made an employee of the answering OP (Regional Manager-Escalations- North 2 & Pune, Customer Relations Management, Honda Cars India Ltd.) a party to the present proceedings without establishing as to how he is entitled to any relief from the said person. It is settled law that courts cannot initiate proceedings against directors and management of a company unless it can be established that the said people had personal knowledge of the crime being committed. On these lines, the case is sought to be defended.
4.     No rejoinder was filed by the complainant.
5.     Parties led evidence by way of affidavits and documents.
6.     We have heard the learned counsel for the OPs and gone through the record of the case.
7.     The main grievance of the complainant is that the AVN system of his car of make of OP No.2, purchased from OP No.1, is not functional during warranty period because of which he has not been able to listen music or use the navigational system during driving.
8.     It is an admitted fact by the OPs that the AVN system of the car of make from OP No.2 & sold by OP No.1, was non-functional. Though after filing of the complaint on 16.02.2021, the OPs replaced the same on 05.03.2021. Even it is observed that the same was also not working satisfactorily and till date OPs are not able to repair the same.
9.     The complainant bought the said car on the faith that all the systems shall be functional properly and on the assurance of the OPs he continued to wait patiently earlier for the replacement of the AVN system & even after its replacement, still it did not function properly. By non-repairing or not making the AVN system functional, the OPs are deficient in providing service & which have caused mental agony & harassment to the complainant.
10.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to pay a lumpsum amount of ₹70,000/- to the complainant as compensation for causing mental agony and harassment to him.
2. to pay ₹10,000/- to the complainant as costs of litigation.

11.     This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amount mentioned at Sr.No.(i) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(ii) above.
12.     Pending miscellaneous application, if any, also stands disposed of.
13.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
27/05/2024			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member