Kerala

Thiruvananthapuram

CC/110/2020

Zen Chemmanur - Complainant(s)

Versus

Harry Ford - Opp.Party(s)

26 Aug 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

SRI.P.V.JAYARAJAN                : PRESIDENT

SMT.PREETHA G NAIR            : MEMBER

SRI.VIJU.V.R                           : MEMBER

CC.NO.110/2020  (Filed on 20.05.2020)

ORDER DATED : 26.08.2021

 

COMPLAINANT

          Zen Chemmanur, S/o.Vincent.C.D,

          Chemmanur house, TC.11/1549,

          Cliff House Road, Trivandrum,

          Kerala, Pin – 695003

 

                      (BY Adv.Mrs.Maneesha Kumar)

                                                VS

OPPOSITE PARTIES

1. Harry Ford, Pothens Car Pvt Ltd,

2A, 2B, Kowdiar Mannor, Jawahar Nagar,

Kowdiar.P.O, Trivandrum

 

2. Ford India Pvt Ltd, S.P.Koil Post,

Chengalpettu, Chennai – 603 204

ORDER

SRI.P.V.JAYARAJAN      : PRESIDENT

                  1.        This complaint is filed under section 12 of the Consumer Protection Act 1986 and stood over to this date for consideration.

 

                            2. The case of the complainant in short is that on         22-06-2016, the complainant purchased a Ford Ecosport Titanium car from the first opposite party by paying an amount of Rs 9,87,214/-. The said vehicle was manufactured by the second opposite party. Immediately after the purchase of the vehicle it started showing some defects.  On 15^th March 2017, at mileage 6625KMs the battery of the vehicle was seen discharged and the vehicle was taken to the service centre of the first opposite party, but the opposite party could not find a reason for the issues arising in the vehicle. On 17^th May 2017 the vehicle started showing trouble and was again taken to the service centre just two months after the previous issue.  At that time it was diagnosed with battery problem and the battery was replaced under warranty. According to the complainant subsequently the vehicle had gear jerking problem and the battery became down and the vehicle was again taken to the service station of the 1^st Opposite Party, but the Opposite Party failed to give a proper explanation or solutions for the repeated issues in the vehicle.  The complainant further states that within a span of short period he was compelled to take the brand new vehicle purchased by him to the service station several occasions and hence alleging manufacturing defect in the vehicle, the complainant approached this Commission for redressal of his grievance.

 

                     3.     After admitting the complaint notice was issued to the opposite parties and the same were served on the opposite parties and the case was posted for appearance of opposite parties on 18.12.2020. Subsequent to that due to Covid 19 restrictions the case could not be called and the same was originally posted to 08.09.2021 for appearance of opposite parties.

 

                   4.       On 24.08.2021 the complainant filed an application as IA.No.273/21 to advance the hearing date from 08.09.2021 to a near date as the matter was settled out of court. The above IA was allowed on 24.08.2021 and the case was advanced from 08.09.2021 to 26.08.2021, in view of the settlement arrived at between the parties to the dispute.

 

                   5.       As the dispute between the complainant and the opposite parties amicably settled out of court and in pursuant to that settlement, the complainant filed the above referred application with a prayer to advance the case and also seeking permission to withdraw the complaint, the said submissions made by the complainant’s counsel with regard to the settlement of the dispute was accepted by this commission.

 

                   In the result, the complaint is dismissed as withdrawn. There will be no order as to cost.

 

                 A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

 

            Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 26^th day of August, 2021.

                                                                                                                                                 Sd/-

                                                                                                                        P.V.JAYARAJAN      : PRESIDENT

                                                                                                                                            Sd/-

                                                                       PREETHA G NAIR : MEMBER

                                                                                                                                           Sd/-

              VIJU.V.R            : MEMBER

 

 

 

 

Be/

 

 

 

 

 

 

 

 

 

 

 

 

 

BEFORE THE DISTRICT

CONSUMER DISPUTES

REDRESSAL COMMISSION

VAZHUTHACADU

THIRUVANANTHAPURAM

 

          CC.NO.110/2020

ORDER DATED : 26.08.2021