DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GURGAON-122001.
Consumer Complaint No: 518 of 2011. Date of Institution :12.09.2011/26.09.2011 Date of Decision: 15.09.2015
- Raj Singh s/o Sh. Ram Chander
- Bela Yadav w/o Sh. Braham Prakash and Shri Ram Chander
Both resident of village Badshahpur, Tehsil & District Gurgaon.
……Complainants.
Versus
- Krishni Vikas Kendra having its Registered Office At M-52 DLF Colony, Gurgaon-122001 through its Duly Authorized Signatory.
- M/s Escorts Ltd, 18/4, Mathura Road, Faridabad through its Managing Director.
..Opposite parties
Complaint under Sections 12 & 14 of Consumer Protection Act,1986
BEFORE: SH.SUBHASH GOYAL, PRESIDENT.
SMT JYOTI SIWACH, MEMBER
SH.SURENDER SINGH BALYAN, MEMBER.
Present: Sh. Arvind Yadav, Adv for the complainant
Shri Narender Kumar, Adv for the opposite party No.1
Sh. Sanjeev Kumar Saini, Adv for OP-2
ORDER SUBHASH GOYAL, PRESIDENT.
The case of the complainant, in brief, is that he purchased Farm Trac/Escort FT-45 Tractor manufactured by OP-2 from OP-1 vide Invoice No.375 dated 28.08.2010 bearing Regd. No.HR-26-BK-4010 for a sum of Rs.4,65,000/- having one year warranty. However, after 2/3 months the rear wheel of the tractor started giving trouble and complainant reported the matter to the opposite party and the opposite party assured to rectify the defect. However, in the month of July, 2011 the said problem again developed and thus, he has taken the vehicle to the workshop of the opposite party and it was revealed that right wheel was having some defect and some part was to be replaced and accordingly, the opposite party replaced the defective part but they have wrongly and illegally charged a sum of Rs 10, 800/- despite the fact that the tractor was within the warranty period of one year and thus, charging of the amount of Rs.10,800/- tantamounts to deficiency of service on the part of the opposite parties and he prayed for its refund with interest @ 18 % p.a. and to pay Rs.10,000/- as compensation for harassment and mental agony and to pay Rs.5,000/- as litigation expenses. The complaint of the complainant is supported with an affidavit and the documents placed on file.
2 OP-1 in its written reply has alleged that complainant no.1 brought the aforesaid Tractor at the workshop of the OP on 04.08.2011 and the official of the OP found that the part i.e. Rear Wheel Rim was damaged due to the accident and thus, it cannot be changed on account of violation of warranty clause and thus, the amount of Rs.10800/- was rightly charged.
3 OP-2 in its written reply has alleged that as per the terms of the warranty, opposite parties are not liable for the defects arising due to the negligence practiced by the complainant. The warranty is not applicable on proprietary items like the tyres, fuel ignition pump and other electrical items and the dealer should prefer the same directly on the respective manufacturers.
4 We have heard the learned counsel for the parties and have perused the record available on file carefully.
5 Therefore, from the facts and circumstances of the case, evidence on the file and the arguments advanced by the learned counsel for the parties, it emerges that the complainant has filed the present complaint against the OPs alleging deficiency of service on their part on the ground that he purchased Farm Trac/Escort FT-45 Tractor manufactured by OP-2 from OP-1 vide Invoice No.375 dated 28.08.2010 for a sum of Rs.4,65,000/- having one year warranty. However, after 2/3 months the rear wheel of the tractor started giving trouble and the complainant reported the matter to the OP and the OP assured to rectify the defect. However, in the month of July, 2011 the said tractor again developed problem and the complainant took the tractor to the workshop of opposite party who inspected the tractor and it was revealed that the right wheel was having some defect and thereafter defective part was replaced. However, when the complainant went to take the delivery of the tractor then opposite party charged a sum of Rs.10800/- despite the fact that the defect was rectifiable free of cost as the tractor was within the warranty period of one year and as such charging of this amount tantamounts to deficiency in service on the part of the opposite parties.
6 However, as per the contention of the opposite parties, the amount of Rs.10,800/- was rightly charged because the vehicle was brought in accidental condition and in case of accident the warranty conditions are not applicable.
7 Therefore, after going through the facts and circumstances of the case and the evidence placed on file it emerges that the complainant has purchased the vehicle on 28.08.2010 and sent the vehicle for repair on 09.08.2011 i.e. within one year of the date of purchase. There is nothing on the file in order to infer that the vehicle has met with an accident except in the job card dated 04.08.2011. When the OP was asked to submit the original job card in order to come to the conclusion as to whether there was any tampering with the photocopy of the job card then he failed to supply the relevant document in order to come to the conclusion that on 04.08.2011 the vehicle was received by the opposite party in an accidental condition. Therefore, mentioning of accidental vehicle in the job card is nothing but manipulation in order to escape from the warranty liability and as such the charging of the amount of Rs.10,800/- during the warranty period tantamounts to deficiency in service on the part of the opposite parties.
8 Therefore, we direct the opposite parties to refund Rs.10,800/- with interest @ 9 % p.a. from the date of filing of the complaint till realization. He is also entitled to compensation and litigation expenses to the tune of Rs.2100/-. The opposite parties shall make the compliance of the order of this Forum within 30 days from the date of receipt of the copy of this order.
The parties concerned be communicated of the order accordingly and the file be consigned to the records after due compliance.
Announced (Subhash Goyal)
15.09.2015 President,
District Consumer Disputes
Redressal Forum, Gurgaon
(Jyoti Siwach) (Surender Singh Balyan)
Member Member
