.o.F:23/2/13
D.O.O:23/2/15
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.65/13
Dated this, the 23rd day of February 2015
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
A.Vijayan, S/o Alami,
Chaithram, Kottavalappu, : Complainant
Adukathbail, Po.Kasaragod.
1.Managing Director,
Pioneer Motors ,Kannur Pvt.Ltd,
Kannothumchal, Kannur. : Opposite parties
2.Manager, Pace Honda Motors,
Mangalore Road, Adukathbail,
Po.Kasaragod.
(Adv.Madhavan Malankad)
ORDER
SMT.BEENA K.G : MEMBER
The case of the complainant Sri.Vijayan is that he purchased Honda Dream Yuga from 2nd opposite party on 10/7/12 for Rs. 55778/- but the price shown in the advertisement in news paper is only Rs.47602/- . Moreover opposite party collected Rs.3250/- towards Road tax instead of Rs.3060/-. The above said vehicle met with an accident on 3/12/12 and entrusted the vehicle with 2 nd opposite party for repair. Moreover the complainant offered himself to do the registration of the vehicle himself but opposite party did not allowed. On 5/12/12 2nd opposite party took 2 weeks time for repair but whenever the complainant approached the 2nd opposite party for the vehicle they evaded by lame excuses. After 45 days of entrustment complainant given a notice to 2nd opposite party calling upon them to repair and deliver the vehicle before 23/1/13, otherwise he will be constrained to take legal actions against 2nd opposite party. Now the complainant apprehended that engine of the vehicle was idle for a long time and may become defective one. So he prays for a new vehicle of the same company with return of excess amount collected from him as road tax and registration fee.
2. Opposite parties filed version admitted the purchase of the vehicle from 2nd opposite party and accident of the vehicle also. Price shown in paper notification relates to the value of lowest range of vehicle in the market. Complainant opted full option vehicle with self starter. Its correct price as on the date of purchase is Rs.50924/- . Complainant has given the above price. In the same advertisement it is shown as ‘’condition supply ‘’ The price of the vehicle varies from models to models , other amounts collected are towards road tax, insurance , handling charges, cess, cover with stamp charges etc. Not even a single paisa is collected as excess amount. Complainant did not offer himself to do the registration of the vehicle by himself. Difference of small amount namely Rs.190/- is collected as handling charges. The vehicle met with an accident and got for repairs to the work shop of opposite party on 5/12/12. It was specifically informed to the complainant that its chassis requires replacement. For replacement of new chassis permission of RTO is required. Naturally it takes some time and thereby causes delay. Complainant insisted that he will take the chassis to outside and get it repaired from private garage of his choice. Accordingly complainant took the frame to outside. On joining repaired chassis, on joining repaired chassis never suits to the vehicle. Even the 2nd time also repaired chassis could not suited. This caused delay.
Complainant filed proof affidavit. Exts.A1 to A8 marked. Both sides heard.
3. There is no dispute regarding the purchase of the vehicle, accident , and entrustment of the vehicle with 2nd opposite party for repair. Complainant deposed before the Forum that after 72 days of entrustment for repair it is not repaired. Hence the complainant send a notice calling upon opposite party to repair and deliver the vehicle which is marked as Ext.A8. Since the engine of the vehicle was idle for 72 days there is a chance that the engine would be damaged. Complainant deposed before the Forum that the vehicle is seriously damaged in the accident and there was a bend in the chassis of the vehicle. The replacement of the chassis can be done only with the permission of RTO. Moreover they doesn’t have stock of chassis . It has to be bring from Alappuzha. This caused delay in repairing the vehicle and it is not wilful . Complainant expressed his apprehension that the engine may be damaged due to keeping the vehicle idle for three or four months. But the complainant has not taken any steps to inspect the vehicle with an expert. If an expert report is with this we could have reach a reasoned decision in the absence of such materials on record we are not in a position to consider the complainant’s demand for a new vehicle. We direct opposite party no.1 to extent the warranty of the vehicle for another one year . Another allegation raised by the complainant is that the price of the vehicle shown in the advertisement was only Rs.47662/- but the complainant was constrained to give Rs.55778/-.There is a difference in ex showroom price and price shown in the advertisement which amounts to unfair trade practice and deficiency in service. In the version opposite party explained that the price varies from models to models . The ex showroom price of the vehicle is Rs. 50924/-, the vehicle is self starter .Moreover insurance charge is Rs.1005/-, Road Tax Rs. 3250/- Registration fees Rs.600/- so the total amount is Rs.55778/-. Complainant was ready to register the vehicle by himself but opposite party did not allowed the same.
4. While evaluating the complaint ,version, and documents produced by both sides we are of the view that there is deficiency in service and unfair trade practice on the part of opposite party No.2 which caused mental agony and loss to the complainant.
In the result complaint is allowed directing the Ist opposite party to extend the warranty of the vehicle for another one year to the complainant. The opposite parties are jointly and severally liable to give compensation of Rs.10,000/- and cost of Rs.2000/- the complainant . Time for compliance 30 days from the date of receipt of copy this order.
Exts:
A1-copy of news paper advertisement
A2-copy of price slip
A3-copy of bank receipt voucher
A4- copy of cash receipt
A5-copy of quotation
A6 customer slip
A7-copy of RC
A8- copy of letter issued by PW1 to OP.2
PW1-A.Vijayan-complainant
MEMBER MEMBER PRESIDENT
eva
