JUSTICE V.K.JAIN (ORAL)

             The complainant/respondent purchased a Hyundai I-20 car manufactured by the petitioner Company from its dealer on 04.06.2010. On 27.08.2010 water entered the car through the holes in its chassis.  The vehicle was taken to a mechanic who pointed out to the complainant that there were holes in the bottom of the car.  The car was taken to the service center and the needful was done.  The complainant approached the concerned District Forum by way of a consumer complaint seeking replacement of the car as well compensation. However, the water again entered the car of the complainant on 16.11.2010. It would be pertinent to note here that the consumer complaint was filed by the second incident of the water entering the car happened.

2.      The complaint was resisted by the petitioner company which inter alia stated in its reply that the leakage took place on account of the rubber seal of the floor of the car having been damaged on account of the water having entered the car due to heavy rains. It was further stated in the reply that after necessary repairs within one hour the car was returned to the complainant. When it was brought for the second time, the necessary repair was again carried out.

3.      The District Forum vide its order dated 30.09.2011  directed as under:-

“The opponent is ordered to give New Hundai I 20 Megna A.B.S. model and take back the defective car. The opponents are also ordered to pay Rs.5000/-(Rupees Five Thousand only) against  Mental Harassment and Rs.3000/- (Rupees Three Thousand  only) against cost.”

4.      Being aggrieved from the order passed by the District Forum, the petitioner approached the concerned State Commission by way of an appeal.  Vide impugned order dated 21.11.2014 the State Commission dismissed the appeal filed by the petitioner company.  Being aggrieved the petitioner is before this Commission.

5.      The petitioner has place on record a copy of the certificate issued by the complainant while receiving the car after needful was done at the time when the water entered the vehicle for the second time. The said certificate reads as under:-

“I hereby certify that the repairs have been carried out tp my entire satisfaction. Moreover, it was assured before the repairs but our case is still pending, but the possession is taken with ongoing case and objections as the water has entered through below on date 16.11.2010.”

6.      Mr. B.S. Sharma, the Ld. counsel for the respondent submits that the first sentence of the certificate is a printed certificate and, therefore, cannot be said to be a voluntary admission.  I, however, find myself unable to accept the submission. Nothing prevented the complainant from striking out the first sentence if the work had not been carried out to his satisfaction. The very fact that he signed the certificate without striking out the first sentence clearly indicates that the needful was done at the workshop to his complete satisfaction though he reserved his right to seek such relief as was claimed by him in the consumer complaint which he had already filed and  was pending at that time.

7.      In these circumstances, the complainant can now only seek compensation for the two episodes in which the water had entered his car, through the holes which are made in the chassis of that vehicle.  It would also be pertinent to note here that there is no evidence of the same problem having occurred after the second episode of water having entered the vehicle.

8.      However, the very fact that the water entered the vehicle through the holes in the chassis of the vehicle clearly shows that the holes had not been adequately covered and the sealing was defective and that was the reason the water was able to enter the vehicle. Even if there is heavy rain, the water should not enter the vehicle through such holes. 

9.      Though there was a defect in the vehicle, it was duly removed before the second episode of water entering the vehicle.  Considering all the facts and circumstances of the case, the revision petition is disposed of by directing the petitioner company to pay a sum of Rs. 1 lakh as compensation to the complainant within three months from today.  If the aforesaid amount is not paid within 3 months from today it shall carry interest @ 9% p.a. from the date of this order.