Jharkhand

Bokaro

cc/15/143

Geeta Devi - Complainant(s)

Versus

General Manager, Chervolet Sales India Pvt. Ltd. - Opp.Party(s)

Manoj Kumar Tiwari

12 Jun 2018

ORDER

Complainant Geeta Devi has filed this complaint for a claim for compensation of Rs. 1,50,000/- for mental harassment and litigation cost of Rs. 15,000/- only

2          The case of the complainant is that she had purchased Chevrolet Car on 16-04-2012 having registration No. JH-09-S-3061 from O.P. No.2 Power Motors at Bokaro. The complainant had also taken Road Side Assistance (R.S.A) which was provided by O.P. No.2 vide certificate No. 031295 dated 30-09-2015 which starts from 02-10-2015 to 02-10-2016 for which the complainant had paid Rs. 1136/-.

            On 15-11-2015 the Car met with a break down at 6:30 PM near Gaytri Mandir, Sector-09, Bokaro. After the break down the complainant intimated to O.P. on toll free no. and again at 8:45 PM and lastly 09:14 PM. She received a massage of complain no. X115165088IND with thanks on her Mobile. It is alleged inspite of several request no assistance was provided by O.P. to checkup the vehicle nor remove the defect which is deficiency of service.

            Complainant visited the place of O.P. No.2 for complain but no assistance was provided. Again on by 22-11-2015 the complainant visited the business premises of O.P. No. 2 to remove the defect but have not send engineer for servicing the Car as such the complainant has not been able to use the car for more than two weeks and she sustain great mental pressure. It is also said that the Car has been guaranteed for free service for three years from date of purchase as per guarantee Card and extended warranty of two years by O.P. No.2. Hence this case had been filed.

3          Complainant has filed following documents in support of her claim.

            Anx-1- Copy of the Book provided for R.S.A with terms and condition.

            Anx-2- Copy of the Registration of the Car.

            Anx-3- Copy of R.S.A. certificate.

4          O.P. No.1 G.M, Chevrolet Sales India Pvt. Ltd. appeared and filed W.S. which is submitted that the assistance programs under R.S.A. are governed by terms and conditions. The warranty protection of the vehicle is not meant to provide free services in all cases but only in cases of manufacturing defect. He admitted that the complainant made a contact on toll free on 06:40 PM and necessary details were collected and there after the complaint was registered. They authorized work shop was at a distance of 25 K.M form the site of the break down. At 7:19 PM the complainant was contacted and intimated that assistance is being given by the nearest authorized service provider who will be arriving within in One and half hours and two hours. At 8:45 PM complainant again made contact about progress of the assistance and tried to made a conference call but it was failed and at 09:15 PM another call was made to the complainant and it was confirmed that the technician had reached at site of break down but had not been able to get the vehicle in motion and there after towing services were being arranged to bring the vehicle to the workshop. But after 09:15 PM complainant stop taking further calls from assistance program and did not respond any further ever after several time. Therefore there has been no deficiency in service under R.S.A. program. O.P. No.1 has file.

            O.P. No.1 has filed following documents in support.

 Anx-A- Copy of service schedule and maintenance.

Anx-B- History of maintenance of the vehicle.

5          O.P. No.2 Branch Manger Power Motors Bokaro appeared and filed W.S. and it is submitted that he is not responsible for R.S.A.  Program. This program is provided by Allianz World Wide Partner who provides assistance at the time of break down and therefore O.P. No.2 is not responsible. It is also submitted that Chevrolet Company is manufacturer who cannot provide R.S.A. It is further submitted that O.P. No.2 is simply a informer to the purchaser of the Car regarding such type of policy exists and Allianz Global has not been made party in this case which is a necessary party. It is dined that complainant has visited the office of the O.P. No.2 which is false and fabricated and therefore O.P. no.2 is not liable.

FINDINGS

6          We perused the record and hold, that the complainant is a consumer since she has paid money for R.S.A. program of the car manufacturer and dispute is a consumer dispute.

7          On perusal of the document filed by the complainant and the facts stated by O.P. No.1 and O.P. No.2 it reveals that the R.S.A.  program of the Chevrolet company provide a booklet with terms and condition regarding assistance being provided by the company. From the statement of O.P. No.2 it transpires  that the booklet has not mention that a program is covered any tie-up with Allianz Global which has been referred by O.P. No.2 in his W.S. It is true that the complainant is also bound by the terms and conditions of R.S.A program but it is admitted by O.P. No.1 that the technician arrived at the site of break down of the car site but vehicle could not be get in motion and ultimately vehicle was towing to the workshop. Meaning there by the assistance was provided under the scheme but no where in the W.S. of O.P. No.1 and O.P. No.2 states the fact about what was the reason for breakdown of the vehicle of the complainant to look into the terms and condition of the R.S.A. by which the program cannot covered the assistance.

            Therefore we hold that there is a deficiency on the part of the O.P. No.1 who runs the R.S.A. program and it is clear cut the deficiency on his part and he is liable to refund the amount of Rs. 1,136/- paid by the complainant while taking the R.S.A. program and also compensation for mental agony and litigation cost.

8          Thus we allow the complaint as maintainable and O.P. Chevrolet Sales India Pvt. Ltd. is here by directed to refund Rs. 1,136/-(One Thousand One Hundred Thirty Six Only) along with compensation of Rs. 5,000/-(Five Thousand Only) for mental harassment and litigation cost of Rs. 1,000/-(One Thousand).

            All the payment must be paid within 60 days of passing of this order.