Date of filing:19-08-2011
Date of order:25-04-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 211/2011
Dated this, the 25th day of April 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
Basil.C. Paulose, } Complainant
S/o.C.V. Paulose,
Chirakathottathil House,
Mogral.Po, Kasaragod.Taluk
Power of Attorney Holder,
C.V. Paulose, Chirakathottathil House,
Peral, Mogral.Po. Kumbala, Kasaragod.Dt
(Adv. Benny Jose. Kasaragod)
1. Manager, K.V.R. TATA Motors, } Opposite parties
Panalam, Naimarmoola,
Po.Vidyanagar, Kasaragod.
2. TATA Motors, Bombay House,
24, Homi Mody Street, Mumbai,
Maharashtra, 400001. Rep. by
Its Authorised Signatory.
(Ops 1 & 2 Exparte)
O R D E R
SMT.K.G.BEENA, MEMBER
The case of the complainant Sri. Basil.C.Paulose he booked a Tata Safari from opposite party No.1 through his father when he is in India for his personal use. Opposite party No.1 assured to the father of the complainant that Tata Safari is highly reliable vehicle without any complaints. Opposite party No.1 failed to give delivery of the vehicle from their show room as promised earlier. As the complainant was in dire need of a vehicle he went to Kannur show room and took delivery from opposite party No.1. Immediately after the delivery itself the vehicle started to show, complaints one after another lastely the vehicle was entrusted to the service centre on 26-10-2010 it was assured that the vehicle will be returned in the very same day. But it was not returned. The complainant was constrained to hire vehicle for his personal use by spending not less than `1000/- per day. The vehicle was delivered after service only on 08-02-2010 that too after the return of the complainant to gulf. The complainant believes that opposite party No.1 detained the new vehicle for about 1 ½ months in the name of service which is highly illegal and un warranted. Hence opposite party No.1 and 2 are jointly and severally liable to compensate the complainant all his losses and sufferings the vehicle was having some manufacturing defect and hence opposite party No.2 is liable for the sufferings of the complainant.
2. Opposite parties are absent inspite of receipt of notice issued by registered post on 22-08-2011. Hence opposite parties had to be set exparte.
3. Complainant filed affidavit in lieu of Chief-examination. Exts A1 to A3 marked. Documents perused and heard the counsel of the complainant. Ext.A1 is the special power of attorney nominating Mr.C.V. Paulose to conduct this case before C.D.R.F, Kasaragod. Ext.A2 is the job Slip issued by opposite party at the time of entrusting the vehicle for repair. This document shows that the vehicle had starting trouble and other problems on 26-10-2010 and it was delivered after repair on 8-12-2010. Ext.A3 is issued by opposite parties at the time of delivery of the vehicle on 8-12-2010.
4. While perusing Exts A1 to A3 we are of the view that the allegations of the complainant against opposite party No.1 is true. Opposite party No.1 detained the new vehicle for about 1 ½ months in the name of service. The complainant spent huge amount to by a Tata Safari KL-776 for his personal use after coming to Native Place but the purpose is not served due to the detention of the vehicle by opposite partyNo.1. After purchasing such a prestigious vehicle, he was constrained to hire vehicle for his personal use after entrusting the vehicle for repair. This caused mental agony to the complainant. Opposite party No.1 is liable to compensate the same as they detained the vehicle from 26-10-2010 to 8-12-2010, about 1 ½ months. No customer will be ready to entrust a product for repair only 26 days of purchase. Here the complainant spent huge amount for purchase of Tata Safari. Unfortunately he was constrained to entrust the same for repair due to starting complaint and other problems within one month from purchase. Nobody will expect such a long period of repair for a new vehicle. It is a deficiency of service on the part of opposite partyNo.1. But the complaint is not repeated thereafter. After 8-12-2010 the vehicle is in running condition. So there is no manufacturing defect.
5. The mental agony suffered by the complainant due to the deficiency of service on the part of opposite party No.1 has to be compensated.
In the result, complaint is partly allowed and opposite party No.1 is directed to pay `20,000/- as compensation for the mental agony with a cost of `3000/- within 30 days from the date of receipt of this order. Failing which `20,000/- will carry interest at the rate of 9% from the date of order till payment.
MEMBER MEMBER PRESIDENT
Exts.
A1.Special Power of Attorney
A2. Job slip
A3. 8-12-10. Cash Bill.
MEMBER MEMBER PRESIDENT
Pj/
