DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 26th day of April 2013
Present : Smt.Seena H, President
: Smt. Preetha.G. Nair, Member
: Smt. Bhanumathi.A.K, Member Date of filing: 15/01/2013
(C.C.No.14/2013)
T.N.S.Narayanan,
Karthika,
Opp.Gayathri Theatre,
Kollengode,
Palakkad – 678 506 - Complainant
(By Adv.R.Gangadharan)
V/s
1.Dealer M/s.Just Buy Cycles,
Shornur Road,
Noorni, Palakkad – 678 004
2.Manufacturer,
M/s.Hero Electric 50,
Okhla Industrial Estate III,
New Delhi – 110 020 - Opposite parties
O R D E R
By Smt.BHANUMATHI.A.K. MEMBER
Complaint in brief:
The complainant has purchased an electric scooter namely Hero Electric Wave extra mile (FAME HJ 2816 on 14/01/2012) from opposite party paying an amount of Rs.36,990/- which includes Rs.1,000/- to extend guarantee of motor from one year to three year and VAT receipt confirms the same. The company offered three numbers of free services and the same has been carried out at the dealer’s workshop. Since the workshop is not sufficiently equipped with battery charger, battery charge measurement devices and trained efficient technicians, the service was ineffective and subsequently the premature heavy unbalanced attrition of tyres, bearing replacement motor failure and total battery failure have been happened. Instead of doing efficient service, the dealer forced the complainant to get it repaired from other workshop at Thrissur which is about 70 km from Palakkad. So the complainant has been forced to get the vehicle repaired from other workshop and paid Rs.2100/- to the workshops. The complainant sent several letters to the opposite parties but they have not even written a reply. As per the pages included in the owners’ manual and battery warranty booklet the workshop in charge shall record the condition such as batteries AH, whether the batteries bulged tyre attrition normal or abnormal wheel bearing condition, motor condition etc. The workshop in charge did not mentioned such facts and which is to be replaced by new one. At the time of purchasing the complainant believed that in case of any problem in the scooter it will be clear by the opposite parties.
The act of opposite parties amounts to deficiency of service on their part.
So the complainant praying an order directing the opposite parties to do the following:
1. Return the amount of Rs.35,990/- paid to the purchase of the vehicle and the amount of Rs.1,000/- to extend the motor guarantee
2. Direct the opposite parties to pay the amount of Rs.2,100/- paid to repair the vehicle from other workshop
3. Direct the opposite parties to pay an amount of Rs.10,000/- for mental agony and Rs.5,000/- as cost of the proceedings.
Notice served to Opposite parties. 1st opposite party set exparte. 2nd opposite party vakalath filed. Neither version nor affidavit filed. Complainant filed chief affidavit and Ext.A1 to A14 marked.
Heard the complainant.
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 No.1
Ext.A1 shows that the complainant has paid an amount of Rs.36,990/- to the 1st opposite party. Of this amount Rs.1,000/- was paid to extend the motor guarantee from one year to 3 years. Ext.A3 to A5 series shows that the complainant availed 3 free service offered by the company. Ext.A6 series to A8 series shows that the complainant sent several letters to the opposite parties stating the defect of his vehicle. But opposite parties did not send any reply to the complainant’s letters.
The complainant has not taken any steps to prove the manufacturing defect of the vehicle. So that the first prayer of the complainant cannot be considered. There is no document to show that the battery of the vehicle is defective. Complainant produced 3 receipts that is A14 series which costs Rs.1640/-.
The complainant has taken the delivery of the vehicle only on 16/1/12. Within 7 months itself the vehicle started to show problems. The last free service was done on 12/5/12. Ext.A5 shows the same. Even though the complainant sent several letters to the opposite parties they were not ready to respond the letters. 1st opposite party set exparte. Though the 2nd opposite party has filed vakkalath neither the version nor affidavit has been filed. So the contentions of the complainant stand unchallenged.
From the above discussions we are of the view that there is deficiency of service on the part of opposite parties.
In the result complaint partly allowed. Opposite parties are jointly and severally directed to pay an amount of Rs.5,000/- (Rupees Five 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 whole amount shall carry 9 percentage interest per annum from the date of order, till realization.
Pronounced in the open court on this the 26th day of April 2013.
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 series – Photocopy of Order Forms dtd.6/1/12 & 14/1/12
Ext.A2 series – Photocopy of Vehicle owners manual & Battery booklet of
Exide Electrica
Ext.A3 – Photocopy of service coupon dated 17//2/12
Ext.A4 – Photocopy of service coupon dated 25/3/12
Ext.A5 – Photocopy of service coupon dated 12/5/12
Ext.A6 series – Photocopy of Speed Post receipts dated 27/8/12, 5/11/12, 22/11/12
Ext.A7 – Photocopy of postal ackonowledgment card
Ext.A8 – Photocopy of postal ackonowledgment card
Ext.A9 – Photocopy of letter sent by the complainant to the 1st opposite party dtd.30/7/12
Ext.A10 – Photocopy of letter sent by the complainant to the 2nd opposite
party dtd.21/8/12
Ext.A11 – Photocopy of letter sent by the complainant to the 1st opposite party
dtd.5/10/12
Ext.A12 – Photocopy of letter sent by the complainant to the 2nd opposite
party dtd.22/11/12
Ext.A13 – Photocopy of Insurance Certificate issued by Universal Sompro
General Insurance Co. Ltd.
Ext.A14 series – Photocopy of payment receipts dtd.16/10/12, 25/9/12, 28/9/12
Exhibits marked on the side of the opposite party
Nil
Cost
Rs.1,000/- as cost of the proceedings.
