Punjab

Fatehgarh Sahib

RBT/CC/1200/2018

Yogesh Sharma - Complainant(s)

Versus

FCA India Automobiles Private Ltd - Opp.Party(s)

In person

15 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                            COMMISSION

                      FATEHGARH SAHIB.

                                                             

RBT No.	:	CC/1200 of 2018
Consumer  Complaint No.	:	RBT/CC/1200/2018
Date of Institution	:	16/11/2018
Date of  Decision	:	15/05/2023

 

Yogesh Sharma S/o Sh. Baldev Krishan Sharma R/o #3049 Sector 22D, Chandigarh.

                                                                                                       …………....Complainant

 

                                                Versus

 

1. FCA India Automobiles Private Limited-Head Office 1601 (iii) 16^th floor , B wing, The Capital , Plot #C-70, G Block, Bandra Kurla Complex , Bandra (east), Mumbai 400051.
2. Wsl Automobiles Plot No.-D-144 , Phase 7, Industrial Area , Sector-73 SAS Nagar, Punjab 140308.
3. HARMAN India International Pvt. Ltd. , prestige Technology Park 4^th floor-Jupiter (2A) block , Marathahalli ring road , Bengaluru- 560103 ,  Karnataka.

..………....... Opposite Parties

 

 

 

Complaint under Section 12 of Consumer Protection Act 1986(Old)

 

Quorum

 

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

 

Present:  Sh. Shiv Sharan , counsel for complainant.

                 Sh.Neeraj Giri , Counsel for the OP no.1.

                 Sh. Akshay Mittal ,counsel for OP no.2

                 OP no3 deleted vide order 27.7.2021

 

 

   

The  complaint has been filed against the OPs (opposite parties)  under Section 12 of Consumer Protection Act-1986 (Old) alleging deficiency in service with the prayer for giving direction to the OPs to replace the vehicle  Fiat Punto Evo Car or to give refund of  proportionate value of the vehicle amounting to Rs.4.5 Lac. , to pay Rs.2,00,000/-  as compensation on account of mental agony and to pay  Rs.25,000/- as litigation expenses.

1.  The complainant had  purchased new Punto Evo car for Rs.6.5 Lac approximately bearing registration no.CHO1-BF-3049 Model 2016 from WSL automobiles Mohali (OP2) on 28.1.2016. Within a period of one month the complainant started facing problems with the music system of car , which  started hanging and remained in same condition for many hours ,  which was reported to OP2. The complainant had to visit the workshop on regular basis in order to get the complaint locked with the OP3 . The music system was replaced with a new system which was brought by technician of OP3 . But the complainant again started facing the same issue with the new music system . The said system was again replaced by technician of OP3 in the workshop of OP2 . However the complainant again faced the same issue . The music system was once again replaced in the workshop of OP2 with the help of technician of OP3. This replacement was done on 20.7.2018 with the mileage of car at 38,883 KM. At the mileage of 39,420 KM the complainant again faced the same issue and brought it into knowledge of workshop of OP2. The complainant then requested for receipt of all the bills of the car from the workshop but bills for the first two replacement  of the music system were missing . Thereafter, OP1 and OP2 started saying that there was a problem with the wiring of car and wanted the complainant to visit the workshop. The grievance of the complainant could not be removed even after three replacements of the music system. Hence this complaint.
2. Notice of the complaint was given to the OPs through registered Post.  OPs no.1 and 2 appeared through their Counsels  and filed  written versions separately .  OP no.3 was deleted from Array of OPs vide order dated 27.7.2021.
3. The complaint has been contested by the OP 1 , filed written version by raising preliminary and legal objections.  The complainant has never approached OP1 for the alleged issue and OP1 has no role to play once the vehicle is sold to the dealer under principal to principal basis as per Dealership agreement . The vehicle was delivered to the authorized dealer after performing rigorous tests as per the standard norms  as well as conducting pre delivery inspection of the vehicle . The vehicle has already covered 43,183 KM which makes  apparent that the vehicle was not suffering  from any manufacturing defect . The complainant had checked the vehicle before taking delivery . Hence Prayer for dismissal of complaint has been made  .
4. The complaint has been contested by the OP2 , filed written version by raising preliminary and legal objection. OP2 is just authorized dealer who sell the car manufacture by OP1 on as is where is basis . All the grievances of complainant were  duly communicated to OP3 and OP2 is not liable for any deficiency in service of OP3.  There is no problem with the wiring of the car and no such report has been given by  engineer of OP3. Hence prayer of dismissal of complaint has been made.
5. In support of his complaint , complainant has filed his affidavit  and copies of documents i.e Ex.C1  invoice of vehicle, Ex.C2 letter from State Bank of  Bikaner and Jaipur . Ex.C3 RC, Ex.C4  and Ex.C5 CD ,  Ex.C6 Tax invoice , Ex.C7 CD, Ex.C8  and Ex.C9 Mails by the complainant. 
6. In rebuttal, OP no.1 has tendered in evidence  affidavit of Hitesh Jain Ex.OPW1/A and closed his evidence. OP2 has filed  affidavit  of Rakesh Gupta , Managing Director WSL Automobiles  along with reply  and service record.
7. Heard. Entire record has been perused.
8. Admittedly , The complainant purchased a Fiat Punto Car from OP2 on 29.1.2016  vide Ex.C1.  The music system of the car was replaced under warranty  by OP3 on 20.7.2018 vide Ex.C6 and mileage of the car stood at 38,883 .  As per record /evidence only defect in the car is relating to its music system . The complainant has alleged that music system has been replaced 3 times by the Ops but still the music system is having problem .  But the complainant has tendered evidence for only one replacement (3^rd replacement) that was carried out on 20.7.2018 vide Ex.C6. The complainant has also alleged problem in  wiring system of the car but no evidence or expert report is available to  this effect .  The OP1in its version has cited judgement of Hon’ble Supreme court in the matter  “Maruti Udyog Ltd Vs. Susheel Kumar Gabgotra & Anr.Case (JT 2006 (4) SC113). Wherein  it was held, “the manufacturer can not be ordered to replace the car or refund its price merely because some defect appears which can be rectified or defective part can be replaced under warranty...”    

9. As  a corollary of our above discussion and keeping in view of the facts  , the present complaint is partly allowed.  OPs no.1 and 2 are held liable for deficiency in service and are  directed as under :-

[a] To provide new music /sound system within 30 days of receipt of order, free of cost. The Music system should be workable and Videography of playing music system should be recorded in the presence of complainant . Failing which( in case the music system is not workable) , the OPs no.1 and 2 should pay Rs.20,000/- as compensation within 30 days , failing which interest shall be payable @ 9% P.A.

            [b] Defects, if any,in electrical system of the car be rectified

[c] To payRs.10,000/-as litigation charges to the complainant.

Compliance of the order be made by the OPs no.1 and 2 within30 days from the date of receipt of certified copy of this order. Failing which the complainant shall get it executedthrough legal process. The complaint could not be decided within the statutory period due to pandemic of Covid-19 and paucity of staff. Copy of this order be sent to the complainant and the OPs as per rules. File be send back to Distrcit Commission Mohali , for consignment .

          Pronounced 15 May 2023    

                                                        (S.K. Aggarwal)

                                                                 President

 

                                                       ( Shivani Bhargava )

                                                                   Member

                                                                    

    

                                                              ( Manjit Singh Bhinder )

                                                                            Member