IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,

Dated this the 7^th day of January, 2014.

Present : Sri. Jacob Stephen (President)

Smt. K.P. Padmasree (Member)

C.C.No.144/2013 (Filed on 13.11.2013)

Between:

Babukutty. M.P., aged 72,

Aykkattumannil House,

Nellickamon.P.O.,

Angadi Village,

Ranny Taluk – 689 674.

(By Adv.Joseph. K)                                                      …..    Complainant

And:

1.     Honda Siel Power Products Ltd.,

Head Office, 3 & 4/48,

2^nd Floor, Enklay House,

Malcha Marg Shopping Complex,

Chanakyapuri,

New Delhi – 110 021.

2.     Honda Siel Power Products Ltd.,

Door No.44/2214, D3 2^nd Floor,

Holy Tuesday Shopping Mall,

Kaloor, Cochin – 682 017,

Rep. by its Regional Manager.

3.     Melamparambil Agencies,

Podiyadi.P.O.,

Thiruvalla – 689 110,

Rep. by its Manager.                                      …..     Opposite parties

O R D E R

Smt. K.P. Padmasree (Member):

                   Complainant filed this complaint against the opposite parties for getting a relief from the Forum.

                   2.  Brief facts of the case is as follows:  1^st opposite party is a company engaged in the manufacture of Power Products with branch offices and dealership networks throughout the country having its registered office at New Delhi.  2^nd opposite party is the area office of the 1^st opposite party in Kerala and 3^rd opposite party is one of their authorized dealers in Pathanamthitta Dist. 

                   3. Complainant purchased a new generator set of Model ‘Gen Set EU 65is’ from the 3^rd opposite party manufactured by the 1^st opposite party on 22.11.2012 vide invoice No.PDA 1807 along with ancillary products for a total consideration of Rs.1,81,500/-.  The aforesaid products were purchased by the complainant on the specific assurance and representations by the opposite parties that the said products are of the highest quality and that there shall be no defects whatsoever in the said products.  The said generator was installed by the service engineers of the 3^rd opposite party.  Further, the product was delivered with warranty for one year from the date of pre-installation check by the authorized dealer.  The warranty policy issued by the 1^st and 2^nd opposite parties provided for repair or replacement of defective parts at any authorized dealer free of charge if found defective by reason of defective material or poor workmanship. 

                   4. On 03.04.2013, the generator stopped functioning without any apparent reason.  Complainant reported the matter to the 3^rd opposite party.  After repeated requests a technician was deputed by the 3^rd opposite party only on 15.04.2013.  The technician intimated that the generator is non-functional and it needs to be handed over to the 3^rd opposite party.  Complainant handed over the product to 3^rd opposite party after which there has been no communication regarding the same for a considerable period.  In the circumstances, the complainant issued a notice dated 08.05.2013 to the 2^nd and 3^rd opposite parties demanding delivery of the repaired generator.  Moreover, the addresses provided by the 1^st and 2^nd opposite parties in the warranty policy for contacting for their services was not functional and the complainant had to find out the same on his own.  An official with the 2^nd opposite party give reply to the notice admitting that some part of the product is disfunctional and needs to be changed and 3^rd opposite party is instructed to do the same.  On the assurance given by the 2^nd opposite party that the damaged part is replaced the complainant took back the generator.  But the generator began malfunctioning almost immediately thereafter.  Even after repeated requests by the complainant to the 2^nd and 3^rd opposite parties for proper repair of the product, no action was taken by them.  The product was suffering from serious malfunctioning like oil leakage and non-working of fuel indicator.  Complainant sent another notice to 2^nd and 3^rd opposite parties demanding replacement of the generator.  2^nd opposite party replied vide letter in which they assured that all the problems will be promptly attended.  It was specifically assured that the fuel indicator will be replaced.  On 11.10.2013 a technician deputed by the 2^nd opposite party made some temporary arrangements for starting the generator and left.  However, on the very next day itself the generator developed more problems including wrong display of VA and producing noise while running, even though the particular model belongs to the ‘silent series’.  The fuel indicator also is non-functional.  The generator is still within its warranty period.  Opposite parties have done only one of 3 free services to be conducted within warranty period till date.

                   5. Complainant has used the product for a mere 36 hours since its purchase, due to its constant breakdown and malfunctioning.  In the circumstances, complainant issued another notice to the opposite parties on 14.10.2013.  No response was given by the opposite parties till date.

                   6. The above said act of the opposite parties is a clear deficiency in service which caused financial loss and mental agony to the complainant. Hence this complaint for getting an order either directing the opposite parties to replace the generator with a new one of the same model along with the required ancillary good with fresh warranty and compensation of Rs.40,000/- or to allow him to realize a total amount of Rs.2,42,265/- and its future interest at the rate of 12% per annum.

          7. In this case, even after receiving the notice opposite parties has not turned up and hence they are declared as exparte.

          8. On the basis of the pleadings in the complainant, the only point to be considered is whether this complaint can be allowed or not?

          9. The evidence of this complaint consists of the proof affidavit filed by the complainant and Exts.A1 to A15.  After closure of evidence, complainant was heard. 

          10. The Point:-  The allegation leveled against the opposite parties is that the generator set purchased by the complainant from the 3^rd opposite party manufactured by the 1^st opposite party on 22.11.2012 with ancillary products for a total consideration of Rs.1,81,500/- become defective.  The product was delivered with one year warranty.  The generator stopped functioning without any apparent reason on 03.04.2013 within warranty period 3 times it become faulty and they repaired the same.  But still it is not in working condition.  Now the generator set is not working.  This matter was intimated to the opposite parties.  But there is no response from the opposite parties.  Opposite parties provided a generator having manufacturing defect to the complainant.  Opposite parties have committed breach of contract by providing a defective product to the complainant, which caused financial loss and mental agony to the complainant and they are not prepared to redress the grievances of the complainant in spite of the complaints repeated requests.  So they are liable to the complainant for the same and hence the complainant prays for allowing the complaint.

          11. In order to prove the case of the complainant, complainant filed a proof affidavit along with 15 documents which are marked as Exts.A1 to A15 on the basis of the proof affidavit.  Ext.A1 is the invoice dated 22.11.2012 issued by the 3^rd opposite party.  Ext.A2 is the owner’s manual supplied by the 3^rd opposite party.  Ext.A3 is the copy of the notice issued by the complainant to the opposite parties on 08.05.2013.  Ext.A4 and A4(a) are the postal receipts of Ext.A3.  Ext.A5 is the undelivered notice dated 08.05.2013 issued in the name of 2^nd opposite party.  Ext.A6 is the copy of the notice dated 20.05.2013 issued by the complainant to 2^nd opposite party.  Ext.A7 is the acknowledgment card of Ext.A6.  Ext.A8 is the reply letter issued by 2^nd opposite party on 24.05.2013.  Ext.A9 is the copy of notice dated 03.08.2013 issued to 2^nd opposite party by the complainant.  Ext.A10 and A10(a) are the postal receipts of Ext.A9.  Ext.A11 is the acknowledgment card of Ext.A9.  Ext.A12 is the reply letter from 2^nd opposite party.  Ext.A13 is the copy of notice issued to 1^st and 2^nd opposite party by the complainant dated 14.10.2013.  Ext.A14 and A14(a) are the postal receipts of Ext.A13.  Ext.A15 is the acknowledgment card for Ext.A13 signed by 2^nd opposite party.

          12. From the available evidence, it is seen that the complainant had purchased a generator from the 3^rd opposite party on 22.11.2012 and within warranty period it become defective 3 times.  But its defects are not cured properly and it is still defective.  The defects of the generator is manufacturing defects.  Selling a product having manufacturing defect and the non redressal of the grievances of the complainant by the opposite parties is a clear deficiency in service and an unfair trade practice.  Since opposite parties are exparte, complainant’s case stands proved as unchallenged.  Therefore, we find that opposite parties had committed deficiency in service and unfair trade practice and opposite parties are jointly and severally liable to the complainant. 

          13. In the result, this complaint is allowed thereby opposite parties are directed to repair the generator, if it is repairable, free of cost with additional warranty for 1 year more along with compensation of Rs.25,000/- (Rupees Twenty Five Thousand only) and cost of Rs.2,500/- (Rupees Two Thousand Five hundred only) to the complainant within 15 days from the date of receipt of this order or to replace the defective generator with a brand new generator of the same quality and brand along with warranty, compensation and cost ordered herein above, failing which the complainant is allowed to realize the cost of the generator Rs.1,81,500/- (Rupees One Lakh Eighty One Thousand and five hundred only) along with compensation of Rs.25,000/- (Rupees Twenty Five Thousand only) and cost of Rs.2,500/- (Rupees Two Thousand Five hundred only) with 10% interest from the date of filing of this complaint till the realization of the whole amounts from the opposite parties.

          Declared in the Open Forum on this the 7^th day of January, 2014.

                                                                                                (Sd/-)

                                                                                      K.P. Padmasree,                    

                                                                                                     (Member)

Sri. Jacob Stephen (President)            :            (Sd/-)

Appendix:

Witness examined on the side of the complainant:  Nil.

Exhibits marked on the side of the complainant:

A1 :  Invoice dated 22.11.2012 issued by the 3^rd opposite party

         to the complainant. 

A2 :  Owner’s manual issued by the 3^rd opposite party to the complainant.  A3 :  Copy of the notice dated 08.05.2013 issued by the complainant

         to the opposite parties. 

A4 & A4(a) :  Postal receipts of Ext.A3. 

A5 :  Undelivered notice dated 08.05.2013 issued in the name of

         2^nd opposite party. 

A6 :  Copy of the notice dated 20.05.2013 issued by the complainant to

         2^nd opposite party. 

A7 :  Acknowledgment card of Ext.A6. 

A8 :  Reply letter dated 24.05.2013 issued by 2^nd opposite party to the

         complainant. 

A9 :  Copy of notice dated 03.08.2013 issued by the complainant to 2^nd  

         opposite party. 

A10 & A10(a) :  Postal receipts of Ext.A9.

A11 :  Acknowledgment card of Ext.A9. 

A12 :  Reply letter sent by 2^nd opposite party to the complainant. 

A13 :  Copy of notice dated 14.10.2013 issued by the complainant to 1^st  

           opposite party. 

A14 & A14(a) :  Postal receipts of Ext.A13. 

A15 is the acknowledgment card for Ext.A13.

Witness examined on the side of the complainant:  Nil.

Exhibits marked on the side of the complainant:  Nil.

                                                                                                        (By Order)

                                                                                                     (Sd/-)

                                                                                     Senior Superitendent.

Copy to:- (1) Babukutty. M.P., Aykkattumannil House, Nellickamon.P.O.,

                       Angadi Village, Ranny Taluk – 689 674.

(2)  Honda Siel Power Products Ltd., Head Office, 3 & 4/48,

             2^nd Floor, Enklay House, Malcha Marg Shopping Complex,

             Chanakyapuri, New Delhi – 110 021.

(3)  Regional Manager, Honda Siel Power Products Ltd., Door No.44/2214, D3 2^nd Floor, Holy Tuesday Shopping Mall, Kaloor, Cochin – 682 017.

(4)  Manager, Melamparambil Agencies, Podiyadi.P.O., Thiruvalla – 689 110.

                 (5) The Stock File.