Haryana

StateCommission

A/406/2015

EAKNASH MOTORS PVT.LTD. - Complainant(s)

Versus

DINESH KAPOOR AND OTHERS - Opp.Party(s)

ARUN LUTHRA

18 Nov 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      406 of 2015

Date of Institution:     01.05.2015

Date of Decision :      18.11.2015

 

Eakansh Motors Private Limited (Authorized Dealer) Maruti Suzuki India Limited, Ambala Road, Kaithal through its Legal Representative Deepak.

                                      Appellant-Opposite Party No.1

Versus

 

1.      Dinesh Kapoor s/o Sh. P.L. Kapoor, Resident of House No.104, Sector 19-I, HUDA, Kaithal.

Respondent-Complainant

2.      Regional Service Manager, Maruti Suzuki India Limited, Chandigarh through its Manager Rajeev Gupta, Sector 9.

 

3.      Maruti Suzuki India Limited, Registered Office Plot No.1, Nelson Mandela Road, Vasant Kunj, New Delhi – 110070 through its Chairman R.C. Bhangua.

Performa Respondents.

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Shri B.M. Bedi, Judicial Member.

                   Shri Diwan Singh Chauhan, Member                                                                                                                                          

Present:     Mr. Ravi Malik, Advocate for the appellant.

Mr. Dinesh Kapoor, respondent-complainant in person.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

          Eakansh Motors Private Limited-opposite party No.1 has filed the instant appeal against the order dated March 13^th, 2015 passed by District Consumer Disputes Redressal Forum, Kaithal (for short ‘District Forum’) whereby complaint filed by Dinesh Kapoor-complainant was accepted.  For ready reference, operative part of the order is reproduced as under:-

                   “8.     Thus, in view of above discussion, we allow the complaint and direct the Ops to replace the defective two tyre of the vehicle Wagon-R LXi as purchased by the complainant and further to pay Rs.5,000/- as lump sum compensation on account of harassment, mental agony and cost of litigation charges.  All the Ops are jointly and severally liable.  Let the order be complied within 30 days, failing which, the complainant shall be entitled interest @ 8% p.a. from the date of commencement of order till its realization….”

2.      Complainant filed complaint under Section 12 of the Consumer Protection Act before the District Forum alleging that he purchased the car WagonR LXi (Petrol) make on November 30^th, 2009 from the appellant.  The delivery of the car was taken on December 02^nd, 2009.  On December 03^rd, 2009 he was on his way from Kaithal to Batala.  When he reached near Patiala, the tyre of the car got punctured.  He mended the punctured and commenced the journey.  Again another tyre got punctured.  Due to defect in the tyres, the tyres of the car got punctured. 

3.      Opposite Parties in their reply denied that there was any manufacturing defect in the car.  Appellant was the authorized dealer of Maruti Suzuki India Limited and tyres did not come under the warranty period. The make of the tyres were J.K. Tyre. 

4.      The evidence of the complainant consists of affidavit (Exhibit C-1) which has been perused.  It has been stated in the affidavit that he had spent of Rs.20,000/- for replacing both the tubes, which is not credible.  No other evidence was led by the complainant.  On being asked the complainant whether he had any bill or receipt regarding purchase of tyres, he answered in negative.  The complainant has failed to prove that there was any deficiency in service or manufacturing defect in the tyres. 

5.      In view of above, the District Forum fell in error in allowing the complaint.  Hence, the appeal is accepted, impugned order is set aside and the complaint is dismissed.

6.      The statutory amount of Rs.2500/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

Announced 18.11.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK