DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.112/2017
- Smt. Damainti Navani
W/o Shri A.K. Navani
- Dr. Sonali Navani
D/o Shri A.K. Navani
Both R/o:
78,DDA Flats, Pocket-B,
Sukhdev Vihar, Delhi.
….Complainants
Versus
- Honda Cars Limited
409, Tower-B, DLF Commercial Complex,
Jasola, New Delhi-110025
- Salet Motors Platelet Count
Plot No.71, Block B-2,
Mohan Cooperatvie Industirla Area,
Mathura Road, Badarpur,
New Delhi ….Opposite Parties
Date of Institution : 29.03.17 Date of Order : 22.01.19
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
ORDER
Member - Kiran Kaushal
1. Briefly put complainant No.2 Ms. Sonali Navani purchased Honda Amaze CVT Car from Saket Motor Pvt. Ltd. (OP-2) in the name of her mother Smt. Damanti Navani (Complainant No. 1) for a sum of Rs.7,97,450/- on 09.10.2016.
- It is stated that at the time of booking of the said vehicle, the sale executive of OP-2 assured complainant No. 2 that the above said model of the car was one of the latest models of Honda Cars Ltd. (OP-1) with latest technology, high performance and luxuries. While displaying its features the complainants were told that these cars were maintenance free and best in the auto mobile industry. These cars have high performance and have Continuously Variable Transmission (CVT). CVT is type of automatic transmission that provides usable power, better fuel economy and a smooth driving experience.
- Complainant No. 2 after using the car noticed that there was no provision of night light in the automatic transmission/ auto gear box lights of the car and does not have any night vision lights on the gear alphabets such as D, P, L, S, N as compared to Honda City.
- It is alleged that driving the above said car in the night is not feasible and makes it difficult for the driver to see in the night in which gear he / she is driving the car. It is further stated that while driving the said car complainant No. 2 many a times selected / clicked the wrong gear which caused damages to her car and also she nearly met with an accident. Complainant No. 2 vide her email dated 22.12.2016 complained to the OP regarding the non-availability of light in the gear box. The car had just run about 1800 kms. till date and complainant No. 2 was also spending extra money on fuel due to low average of the car. The copy of the email dated 22.12.2016 and copy of the photograph of the speedometer are annexed as Annexure C-2. The complainants requested OP-1 to remove the aforesaid manufacturing in the said vehicle by various means of communication but all in vain
- After having visited the showroom of OP-2, writing mails to the OPs and not receiving any satisfactory reply the complainant approached this Forum with the prayer to direct OP to arrange for the night light in the gear box of the vehicle at their own expense or in alternative to take back the car and to refund the price paid by the complainants that is Rs.7,97,450/- with interest @ 12% per annum. Further it is prayed that the OPs be directed to pay Rs.1,00,000/- towards damages and monetary losses, Rs.50,000/- towards compensation for mental agony & harassment and Rs.10,000/- towards cost of litigation.
2. OP-1 and OP-2 resisted the complaint on various grounds. OP-1 submitted that the main allegation qua OP-1 is the manufacturing defect in the vehicle purchased by the complainants. OP-1 submitted that the complainants purchased Honda Amaze 1.2 VXCVT (i-VTEC). It is further stated that the said model does not have night light in the automatic transmission/ autogear box light or night vision in the gear alphabets as the said features are neither present in the Honda Amaze 1.2 VXCVT (i-VTEC) model nor advertised. It is next averred by OP-1 that the complainant No.2 was handed over a brochure of the said vehicle which clearly mentions the features of the said model.
2.1 It is next stated that the complainants have purchased an automatic model and this does not require frequent shifting of gears like in manual transmission gears. The customer only has to put the vehicle in the “D” (Drive) mode and the drive the vehicle without change of any gears. It is further mentioned that the mode on which the customer is driving the vehicle is shown in the cluster meter in the front of the dashboard and hence the customer need not look at the gear lever while changing the gears, which is also a safety hazard.
2.2 It is next submitted by OP-1 that OP-1 and Op-2 are separate legal entities which work independently and they share principal to principal relationship, therefore, OP-1 cannot be held liable for any of the alleged actions of OP-2. In the light of submission made by OP-1, it is prayed the complaint be dismissed with exemplary cost.
2.3 OP-2 in its written version resisted the complaint stating that the allegations made by the complainants pertain to the manufacturing defect of the car and therefore, OP-2 being a dealer is no way responsible or liable for the same.
2.4 Further it is submitted that the complainants have been dealing and interacting with OP-1 directly and all the grievances were addressed and explanation was provided to the complainants by OP-1. In this case, OP-2 has no role to play. It is further submitted that OP-2 is neither responsible nor answerable for the ‘features’ provided by the manufacturer of the vehicle.
2.5 OP-2 further states that the complainants are misleading the Forum by using the term ‘manufacturing defect’ instead of the term ‘feature’. For what the complainants are wanting is an additional feature in the vehicle as none of the models / variants available in the Honda ‘Amaze’ series/ brand comes with this feature. Even otherwise, it is common knowledge that there is no illumination / light provisions around the gear stick in most of the vehicle across the industry. Therefore, the present complaint deserves to be dismissed with exemplary cost to OP-2.
3. Complainants have filed the rejoinder as well evidence by way of affidavit wherein all the averments of the complainants are reiterated
4. Evidence of Shri Mangadan Kamnath Bipin, Manager legal, with Honda Cars India Ltd. has been filed on behalf OP-1. Evidence of Shri Rakesh Kumar, Director and Authorized Signatory has been filed on behalf of OP-2.
5. Written arguments have been filed by the parties.
6. After having heard the arguments on behalf of the parties and perusing the material placed on record it is observed that the main allegation of the complainants is that they purchased a Honda ‘Amaze’ 1.2 VXCVT(iVTEC) Model which does not have night light in the automatic transmission/ autogear boxes lights or night vision on the gear alphabet such as D, P, L, S and N. Due to this alleged manufacturing defect the complainant No.2 was facing the problem while the driving in the night. In this regard, we find submission of OP-1 to be meritorious that the defects claimed by the complainants are not manufacturing defects. Complainants are aggrieved by lack of some features in the vehicle. It is not the case of the complainants that the said feature existed or was advertised by OP-1 in the model purchased by her and have not been provided in her car. Further OP-1 in its revert mail dated 10.01.2017 has categorically stated :-
“As per your appended concern we wish to inform you that since the vehicle is manufactured as per standard production hence customization is not possible in the existing model”.
As regards the low average and excessive fuel consumption of the car, no substantial evidence has been placed on record to prove the same.
7. Hence the complainant is unable to establish any willful fault, imperfection, short coming or inadequacy in the services of the OPs. Thus, the complaint being devoid of merit stands dismissed with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 22.01.19.
