Chandigarh

DF-II

CC/574/2018

Himat Singh - Complainant(s)

Versus

Honda Cars India Pvt. Ltd., - Opp.Party(s)

Ravinder Pal Singh Adv. , Sukaam Gupta Adv. & Dharinder Shukla Adv.

28 Oct 2020

ORDER

Consumer Complaint  No	:	574 of 2018
Date  of  Institution	:	12.10.2018
Date   of   Decision	:	28.10.2020

 

 

 

 

Himat Singh s/o Sh.Ajmer Singh, R/o H.No.272, Sector 7-A, Chandigarh.

             …..Complainant

Versus

1]  Honda Cars India Pvt. Ltd., Plot No.A-1, Sector 40/41, Surajpur – Kasna Road, Greater Noida Industrial Development Area, Distt. Gautam Budh Nagar, Uttar Pradesh PIN 201306 through its Managing Director.

2]  Alpine Mobile Media Solutions, Booth No.11, Sector 35C, Chandigarh through its Proprietor/Authorized Signatory.

3]  Map My India, #237, Okhla Industrial Estate, Phase-3 Rd., Okhla Phase-III, Okhla Industrial Area, New Delhi PIN 110020 through its Managing Director/Authorized Signatory.    

4]  Kishiv Motors Pvt. Ltd. (Elegant Honda), 9 KM Stone, Village Khuddi, Ambala Cantt., Haryana through its Managing Director/Authorized Signatory.

    ….. Opposite Parties 

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING MEMBER

         SH.B.M. SHARMA        MEMBER

 

 

Argued by :- Sh.Sukaam Gupta, Adv. for the complainant.

  Sh.Sudesh Pandey, Adv. for OP No.1.

  OP No.2 exparte

  Sh.K.K.Sharma, Adv. for OP No.3.

  Sh.S.R.Bansal, Adv. for OP No.4.

              

PER B.M.SHARMA, MEMBER

 

         Briefly stated, the complainant purchased Honda City i-vtech (Petrol) Car (Top Model) on 3.2.2016 from OP NO.4, manufactured by OP No.1, costing Rs.11.50 lacs and it was having GPS Navigation (in-built with music system).  It is averred that to his surprise, on his first drive from Ambala to Chandigarh, the GPS Navigation system of the car lost somewhere in between and did not work properly, so it was reported to OP No.4 during first service on 22/23.8.2016 and it assured to rectify the same by its Service Engineer, but nothing was done. It is averred that the complainant faced lot of problem due to defective GPS Navigation System of the car in question as it could not locate even his residence and other areas while his visit to Delhi. However, the OP No.4 on 6.9.2017 sent the GPS Navigation system of the car for repair to service centre (Alpine Mobile Media Solution) at Chandigarh, but still the GPS system did not work properly. Thereafter, the OP No.2 (Alpine) also visited the complainant’s place for repairing the GPS Navigation System in the car and issued Two Job Cards dated 6.10.2017 & 31.10.2017 (Ann.C-4 & C-5), but even then the said system is not working in proper order.  It is pleaded that the GPS System installed in the car is having inherent manufacturing defect, as a result, it could not set right.  It is also pleaded that the complainant requested the Ops to change the GPS System with new one vide legal notice dated 12.2.2018 (Ann.c-6), but to no avail.  Hence, this complaint has been filed alleging the above act & conduct of the OPs as deficiency in service.

 

2]       The OP No.1/Honda Cars India Limited has filed reply and while admitting the factual matrix of the case, stated that the complainant has sought installation of a new GPS Navigation System and the same is manufactured/produced, installed, inspected only by OPs No.2 & 3 and not by answering OP. Further, the warranty on the GPS Navigation System is provided by OPs No.2 & 3 and the same cannot be correlated with warranty provided by OP No.1. Denying all other allegations being pertaining to OPs No.2 & 3, the OP No.1 has prayed for dismissal of complaint qua it.

         OP No.2 did not turn up despite service of notice sent through regd. Post on 18.10.2018, hence it was proceeded exparte vide order dated 21.11.2018.

         OP No.3/M/s C. E. Info System Pvt. Ltd. (Map My India) has filed reply stating that the OP No.3 had not provided Music System of the vehicle in question, it only provide a SD Card with preloaded Map Data to dealer/manufacturer of the Music System, is part of the music system, and it was provided by the Music System, manufacturer and not by OP No.3.  It is submitted that OP No.3 has provided Offline SD Card with preloaded Map Data to dealer/manufacturer of Music System and that OP No.3 is not manufacturer of Music Systems for the vehicles.  Denying rest of the allegations, the OP No.3 has prayed for dismissal of complaint qua it.

 

         OP No.4/Kishiv Motors Pvt. Ltd. (Elegant Honda) has also filed reply stating that the GPS Navigation was got replaced, hence no further indulgence is required. It is also stated that  no extra payment was ever charged of Rs.40,000/- as alleged by the complainant by OP No.4, since the GPS Card was purchased from OP NO.2 Sector 35, to which the OP No.4 is not liable. Pleading no deficiency in service and denying other allegations, the OP No.4 has prayed for dismissal of the complaint. 

3]       The parties led evidence in support of their contentions.

4]       We have heard the ld.Counsel for the parties and have gone through the entire record as well as written arguments.

5]       The thorough perusal of the record makes it clear that the GPS Navigation (in-built with music system) of the car in question is defective. To verify this fact, Local Commission was appointed, who after making careful assessment has observed that the said system needs to be replaced in toto and is having a manufacturing defect as even the well known locations of Chandigarh city have not been not traced out by the system as provided in the vehicle in question.  The Local Commission vide its Report date 30.1.2020 has opined as under:-

“In my opinion I am of considered view that the system in question is not functioning properly, despite of the fact that said system in toto was replaced prior to filling of the present consumer complaint (as evident from document’s as provided) and even second time in compliance of order dated 11.09.2019 the SD card of the said system as fitted in vehicle has been replaced and hence said system is of no use in the vehicle in question.”

6]       We are also of the view the dealer, who sells the car is also liable to ensure the proper functioning of system & part of the vehicle in question.

7]       Taking into consideration the above facts & circumstances of the case, we are of the concerted view that the Opposite Parties No.1 & 2 have been found deficient in rendering proper service to the complainant. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Parties No.1 & 4 and the same is allowed qua them. The Opposite Parties No.1 & 4 are jointly & severally, directed as under:-

a]  To replace the complete Music System having in-built GPS Navigation System, with new one, carrying fresh warranty, free of cost.

b]  To pay Rs.15,000/- to the complainant towards compensation on account of deficiency in service and causing mental and physical harassment to the Complainant, and it also includes fee of Rs.1000/- paid by complainant to Local Commissioner; 

c] To pay Rs.7,000/- as cost of litigation;

         The above said order shall be complied with by the Opposite Parties No.1 & 4 within a period of 30 days from the date of receipt of its copy, failing which they shall be liable to pay additional compensatory cost of Rs.10,000/-, apart from the above relief.

8]       The complaint stands dismissed qua Ops No.2 & 3.

        The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

28^th October, 2020                                                                                                                                                                   Sd/-  

(PRITI MALHOTRA)

PRESIDING MEMBER

 

 

Sd/-

(B.M.SHARMA)

MEMBER