BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Date of filing : 29/07/2009
Date of Order : 31/08/2011
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 397/2009
Between
Aneeshkumar. K.K., | :: | Complainant |
Keleanmarukandy (H), Thamarassery (PO), Kozhikode (DT). |
| (By Adv. Santhosh Mathew, Ninan & Mathew Advocates, SI, 2nd Floor, 42/1686, 'Empire Buildings', High Court East End, Kochi - 18) |
And
1. Ford India P Ltd., | :: | Opposite parties |
S.P. Koil Post, Chengalpattu – 603204, Rep. by its Managing Director. 2. Kairali Ford, Kerala Cars Pvt. Ltd., 508-A, Illikkatt Building, Edappally. P.O., Kochi – 24, Rep. by its Director. |
| (Op.pty 1 by Adv. Nithin George, M/s. Menon & Pai Advocates, I.S. Press Road, Kochi – 18) (Op.pty 2 by Adv. George Cherian, Karippaparambil Associates Advocates, H.B. 48, Panampilly Nagar, Kochi - 36) |
O R D E R
A. Rajesh, President.
1. The case of the complainant is as follows :
On 30-08-2008, the complainant purchased a Ford Fiesta car from the 2nd opposite party which was manufactured by the 1st opposite party. After a few days of use, the complainant reported the non-functioning of wiper blade, the 2nd opposite party replaced the same free of cost. But they collected the first service coupon. The 1st service of the vehicle was done at 6272 Kms. on 08-12-2008, at that time the sound at the left side of roof was reported. The very same complaint was reported again on 15-01-2009 the 10000 Kms. service. The complaints were not heeded to. On 23-04-2009, the left hand holder of the passenger came off. Showing this along with the other problems such as mist formation on the front glass bottom line, the complainant sent e-mail to the President of Ford India. Pursuant to the e-mail, the 1st opposite party had the complaint checked and was reported that there is no abnormality in the vehicle. Even thereafter, the complainant had to approach the opposite parties to rectify the subsequent defects but in vain. The complainant had sustained considerable mental agony and physical discomfort due to the defective nature of the car and deficient service of the opposite parties. The complainant is entitled to get replacement of the car with compensation of Rs. 2 lakhs together with costs of the proceedings.
2. Version of the 1st opposite party :
The complaints alleged by the complainant are minor in nature and the same was rectified by the 2nd opposite party as and when the complaints were pointed out by the complainant. The defects were rectified to the satisfaction of the complainant. The complainant is not entitled to get any of the reliefs as prayed for.
3. Defense of the 2nd opposite party :
There was no defect in the handle, the handle was found to be broken at one end due to external force which is neither related to product quality nor material deficiency and the same was explained the complainant and informed him that it cannot be replaced free of cost. The further allegation of mist formation in the front glass bottom line is false and hence denied. The complaint is bereft of bonafides and liable to be dismissed.
4. No oral evidence was adduced by the complainant. Exts. A1 to A9 were marked on his side. Neither oral nor documentary evidence was adduced by the 1st opposite party. The witness for the 2nd opposite party was examined as DW1. Heard the counsel for the parties.
5. The points that arose for consideration are :-
Whether the complainant is entitled to get replacement of the car in question?
Compensation and costs of the proceedings?
6. Point No. i. :- Admittedly on 30-08-2008, the complainant purchased the disputed car from the 2nd opposite party which was manufactured by the 1st opposite party. According to the complainant, he has highlighted the sound at the left side of roof on 08-12-2008 and 15-01-2009 respectively, but the opposite parties could not rectify the same for their own reasons. The complainant contended that though on 23-04-2009, 12-05-2009, 27-05-2009 and 03-06-2009 the complainant complained about the defect of the left hand side handle to the opposite parties they failed to correct the same. It is stated by the complainant that the opposite parties are liable to replace the car since the car is a defective one.
7. On the contrary, the opposite parties are of the view that they rectified the minor defects as and when the complainant pointed out the same. They maintain that the complainant is not at all entitled to get any of the reliefs as prayed for. The complainant does not have a case that his vehicle suffers from manufacturing defect. The Hon'ble Supreme Court in Maruti Udyog Ltd. Vs. Susheel Kumar Gabgotra & Another (2006) 4 SCC 644), held that the manufacturer is only liable to replace the defective parts not the entire car.
8. It is pertinent to note that the complainant has not taken any steps to prove the defects of the car by adducing expert evidence. However, Exts. 2 to 9 go to show that the sound at the left side of roof and the complaints of left hand side top handle are recuring in nature and the opposite parties can not rectify the same. The complainant and the opposite parties failed to produce the warranty of the vehicle in the Forum evidently. Since the defects high lighted by the complainant is within one year from the date of purchase of the vehicle, the opposite parties are liable to rectify the defects of the car to the satisfaction of the complainant free of costs.
9. Point No. ii. :- Since the grievances of the complainant has been considered squarely, we are not to allow any compensation or costs according to law.
10. In the result, we partly allow the complaint and direct that,
the opposite parties shall jointly and severally replace the left hand side handle of the free of cost.
the opposite parties shall jointly and severally rectify the sound at the left side of roof of the car to the satisfaction of the complainant.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in open Forum on this the 31st day of August 2011.
