BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy , M.Sc., M.Phil., Male Member
Monday the 31St day of January, 2011
C.C.No 102/10
Between:
S.Suresh Babu, S/o S.Venkata Subbaiah,
Resident of Door No.64-43-3-10, Near Sai Baba Temple, Kurnool.
……COMPLAINANT
-Vs-
M.Noorjahan, M.S.K. Motors,
R.M.K. Plaza, Opp. Zilla Parishad, Kurnool.Resident of door No.65-66, Fort, Near Old Post Office, Kurnool.
……OPPOSITE PARTY
This complaint is coming on this day for orders in the presence of Sri. K. Lokeswara Reddy, Advocate, for complainant, and Sri. N. Srinivasa Reddy, for opposite party and upon perusing the material papers on record, the Forum made the following.
ORDER
(As Per Sri, T.Sundara Ramaiah, President)
CC No.102/2010
1. This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying:-
- To direct the opposite party to replace the bike in question with new one or alternatively to refund the purchase price of RS.34,000/- paid by the complainant with interest at 24% per annum from the date of purchase till the date of payment;
- To award RS.50,000/- for causing mental agony and un told misery to the complainant due to the arbitrary and illegal and unfair acts of the opposite party;
(c) To award costs of RS. 10,000/-;
- To grant any other relief or reliefs which, the Honorable Court deems fit and proper in the circumstances of the case.
(2) The case of the complainants in brief is as under:- On 26-08-2009 the complainant purchased an electric motor bike bearing model No. TDR 06 for Rs.34,000/- from the opposite party. The period of warranty is six months from the date of purchase. The vehicle started giving trouble from third day of its purchase. The bike of the complainant was damaged due to the floods on 02-10-2009. On 05-11-2009 the complainant handed over the bike to the opposite party for effecting repairs. The opposite party kept the bike for a period of one month and finally informed the complainant that the main parts of the bike are damaged and demanded RS.12,500/- for effecting repairs. The complainant expressed his inability to pay RS. 12,500/- and took back his bike. On 18-01-210 the complainant got issued a legal notice to the opposite party. The opposite party received the said notice but did not give any reply. There is deficiency of service on the part of the opposite party. Hence the complaint.
3. The opposite party in her written version stated that the complainant purchased E-Go Electrical Bike from her on 26-08-2009 for RS.34,000/- and the period of warranty is nine months. On 02-10-2010 severe floods effected the Kurnool town and entire town was submerged due to the floods. On 05-11-2009 the complainant handed over his bike which was damaged in floods for effecting repairs. After varification of the vehicle, the complainant was informed that the main parts were damaged and cost of the said parts will be at RS.12,500/- and the said cost would be borne by the complainant himself. The complainant instead of bearing the expenditure got issued a legal notice dated 18-03-2010. The opposite party undertakes to provide the service on free of cost. The opposite party is not liable to replace the parts damaged in the floods. There is no deficiency of service on the part of the opposite party. The complaint is liable to be dismissed.
4. On behalf of the complainants, Ex.A1 and A3 are marked and the sworn affidavit of the complainant is filed. On behalf of the opposite party, Ex.B1 is marked and sworn affidavit of the opposite party is filed.
5. Both sides filed written arguments.
6. The points that arise for consideration are:-
- Whether there is deficiency of service on the part of opposite party?
- Whether the complainant is entitled to the reliefs as prayed for?
- To what relief?
7. Point No. 1 & 2:- Admittedly the complainant purchased an Electric Bike from the opposite party on 26-08-1009 for RS.34,000/-. The period of warranty is nine months from the date of the purchase. It is also admitted that the bike purchased by the complainant from the opposite party was damaged due to floods on 02-10-2010. It is further admitted that the complainant gave his bike to the opposite party to effect repairs and that the opposite party demanded the complainant RS.12,500/- for effecting the repair and replacement of the damaged parts. It is the case of the complainant that the opposite party under took to effect the repairs and replace the damaged parts during warranty period and that the opposite party refused to effect the repairs and replace the damaged parts.
8. The complainant in his sworn affidavit has stated that the opposite party failed to effect the repairs, even though there was damage to the vehicle due to the floods on 02-10-2010. Ex.A1 is the invoice dated 26-08-2009 issued by the opposite party. It is mentioned in Ex.A1 that warranty is for battery, motor and controller for the period of nine months only from the date of invoice. It is also mentioned in Ex.A1 that no warranty on battery bulge. As seen from Ex.A2, it is very clear that the warranty given by the opposite party is only for battery, motor and controller. Admittedly the vehicle of the complainant was given to the opposite party for effecting repairs. It is admitted by the opposite party that an amount of RS.12,500/- is required for replacement of the damaged parts and to effect the repairs. It is not specifically stated by the opposite party that batteries, motor and controller were also damaged. The opposite party did not give any reply for the notice got issued by the complainant. The opposite party is bound to effect the repairs and replace the damaged parts like batteries, motor and controller. As the batteries, motor and controller were damaged in the floods, the opposite party cannot escape its liability. The opposite party is bound to replace the damaged parts and effect the repairs during the warranty period. The opposite party did not effect the repairs and replace the damaged parts of the vehicle. It amounts to deficiency of service on the part of the opposite party. It is submitted by the learned counsel appearing for the complainant that the complainant is entitled for refund of the price of the vehicle of RS.34,000/- or replacement of the bike. As already stated according to the opposite party, an amount of Rs.12,500/- is required to effect repairs and to replace of the damaged parts. Therefore we think it is just and proper to direct the opposite party to pay an amount of Rs.12,500/-.
9. In the result the complainant is partly allowed directing the OP to pay an amount of Rs.12,500/- to the complainant with interest at 9% per annum from the date of complaint i.e., 30-04-2010, till the date of payment along with cost of Rs.500/-.
Dictated to the stenographer, transcribed by him, Corrected and pronounced by her in the open bench on this the 31st day of January, 2011.
Sd/- Sd/-
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties : Nill
List of exhibits marked for the complainant:-
Ex.A1 Photo copy of warranty card cum purchase dill,
dt.26—08-2009 of M.S.K. Motors, Kurnool.
Ex.A2 Office copy of legal notice dt.18-03-2010.
Ex.A3 Postal receipt No.2725, dt.29-03-2010.
List of exhibits marked for the opposite party:- Nill
Sd/- Sd/-
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on :
