Date of filing : 18-12-2012
Date of order :11-11-2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.334/12
Dated this, the 11th day of November 2013
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
K.P.Ramachandran, S/o.M.Kunhiraman, : Complainant
Lavanyam, Mundenmad Road,
Pallikara, Po. Nileshwar.
(In Person)
1 KVR Dream Vehicles Pvt.Ltd, : Opposite parties
Chirakku Thazhe, Po.Kizhunna, Thottada,
Kannur.670007.
2 Tata Motors, Marketing & Customer Support,
Passenger car business Unit, One forbs,
5th floor, Dr.V.B.Gandhimarg Fort-Mumbai.400023.
(Ops 1 & 2 Exparte)
O R D E R
SMT.K.G.BEENA, MEMBER
Complainant has purchased an Indigo Manza Aura Car with Reg.No.KL.60C-7437 from opposite party No.1 on 2011 May from Indira Nagar show room, Kasaragod. While returning back after taking delivery of the vehicle, complainant noticed that the vehicle have side pulling. It is temporarily repaired. But the same complaint repeated. Complainant is a business man. Due to the problems of vehicle, complainant is unable to attend his business properly and thereby caused monetary loss and mental agony.
2. Notices to Ops 1 & 2 served. But both opposite parties not turned up. Name of Opposite parties 1 & 2 called absent and set exparte. On 26-07-2013 opposite party No.2 filed IA 151/13 to set aside the exparte order. IA allowed on condition to pay cost of Rs.500/-. Eventhough, Forum allowed sufficient time for filing version, opposite party No.2 failed to submit version even after 4 consecutive posting dates. Hence complainant is examined as PW1 and Exts A1 to A7 series marked. Heard the complainant.
3. The main complaint raised by the complainant is the side pulling of the vehicle which is noticed by the complainant soon after taking delivery of the vehicle. Opposite party repaired the vehicle then and there only. Thereafter also this complaint repeated. Complainant deposed before the Forum that he has taken the vehicle to the show room many times due to this problem and once when they checked the vehicle replacing with the 4 tyres of another new vehicle, side pulling completely solved. Complainant bonafidely believes that tyre complaint is the problem of the vehicle.
4. Proposing a consumer to purchase a new vehicle without properly evaluating and analysing the defects of tyres definitely constitute unfair trade practice. The Opposite parties are therefore liable to make good the loss sustained to the complainant due to their irresponsible attitude.
5. While perusing the documents Exts A1 to A7 series we are of the opinion that complainant suffered monetary loss and mental agony due to the irresponsible attitude of opposite parties. Ext.A7 series shows that the complainant had spent Rs.96,000/- from 2-7-2013 to 30-08-2013 quite unnecessarily for repair. Complainant had spent Rs.7,65,000/- while purchasing the vehicle. A person who purchases a new vehicle after spending Rs.7,65,000/- may not expect such a huge amount for repair charges within such a short period. Complainant’s loss has to be compensated. Opposite parties 1 & 2 are jointly and severally liable for the losses suffered by the complainant. After perusing the documents and testimony of the complainant we presume that the complaint of the vehicle may be due to defective tyres. Once when he checked by replaced the tyres, the vehicle had no complaints.
In the result, the complaint is allowed and opposite party No.2 is directed to replace the tyres of the vehicle with defect free new tyres. Opposite parties 1&2 are directed to pay Rs.96,000/- as cost of repair and Rs.50,000/- compensation for mental agony, Rs.2000/- as cost. Time for compliance is 30 days from the date of receipt of copy of this order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. Photocopy of Retail Invoice.
A2. Owner’s Manual & Service Book.
A3.Photo copy of Product Inspection Report.
A4.Photo copy of Product Inspection Report.
A5.Photocopy of Rejection Letter.
A6. & A6 (a) Photo copy of Tax Invoice.
A7.series receipts.
PW1.K.P.Ramachandran.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
