KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

APPEAL NO.377/10

JUDGMENT DATED 3.8.2011

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

SHRI.S.CHANDRAMOHAN NAIR                    --  MEMBER

M/s.Maruthi Suzuki India Limited

Formerly known as

M/s Maruthi Udyog Limited                                --  APPELLANT

Plot No.1. Nelson Mandela Road,

Vasant Kunj, New Delhi.110070.

   (By Adv.V.Santharam)

                   Vs.

1.      Shri.M.Balan,

Surabji,                                                       --  RESPONDENTS

Onden Road, Azhikode P.O,

Kannur, Kerala 670 009.

2.      M/s Har Cars

Kannothumchal,

Kannur, Kerala.

            (R1 by Adv.N.Anilkumar)

                                                   JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT

          The appellants are the opposite parties in CC.265/05 in the file of CDRF, Kannur.  The appellants are under orders to replace the defective parts of the vehicle and also to pay Rs.10,000/- as compensation and Rs 2,000/- as costs.

          2. It is the case of the complainant that the Maruthi Omni vehicle purchased by him on 20.6.03 is having manufacturing defects.  A hole of 2 ½ diameters was found on the right side of the chassis near the shock absorber.  There is also a crack.  It is alleged that the opposite parties did not rectify the defects. 

          3. It is the case of the opposite parties that the alleged defects are the result of rusting as the vehicle is kept near the see shore.  The opposite parties were willing  to carry out the necessary repairs for free of charge.  But the complainant did not bring the vehicle in spite of intimations and telephone calls.

          4. The evidence adduced consisted of the testimony of PW1, CW1, DW1,  Exts.A1 to A7 and Ext.C1 & C2.

          5. Exts.C1 report of the commissioner mentions that there is a crack on the right hand side of the chassis and a hole of 9 cm x 6 cm in rectangular shape  on chassis near rear right hand side wheel and another crack of 10 cm length on chassis near rear left hand side wheel  and a hole of 5 cm length on right side running board.   As held with the Forum  we find that the hole found on the chassis and the cracks on the chassis can only be due to manufacturing defects.  It is the observation of the commissioner also.  All the same, we find that the complaints have been filed after about 2 ½ years of purchase.  It is submitted that the vehicle has run already at the time 37,000 kms.  It is the case of the  complainant that the vehicle is kept idle.  By now more than 7 years have lapsed since the date of purchase of the vehicle.  In the circumstances, the order of the Forum is modified as follows:-

          6. The opposite parties/appellants will replace the chassis of the vehicle with a new one and pay a compensation of Rs.5,000/- and cost of Rs.2,000/-.  The repairs are to be effected and compensation paid within 2 months from the date of copy of this order, failing which the complainant will be entitled for the cost of replacement of the chassis and the amount of compensation with interest at the rate of 12% from 3.8.2011 the date of this order.

JUSTICE  K.R.UDAYABHANU --  PRESIDENT

 S.CHANDRAMOHAN NAIR --  MEMBER