Date of Filing : 06.06.2017
Date of Disposal : 04.01.2023
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED THIS THE 04th DAY OF JANUARY 2023
PRESENT
HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT
Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER
Mrs. M.DIVYASHREE : LADY MEMBER
APPEAL NO.1285/2017
Mahindra and Mahindra Limited
Rep. by Managing Director
Car Manufacturing Unit,
Automobile Sector, 3rd Floor,
Akuraly Road, Khandivali East,
Mumbai-400101.
Maharashtra.
Rep.by its Authorised Signatory Anirban Das..Appellant/s
(By Sri.Mahesh A.S, Advocate)
- Mahadev
S/o Parappa Tanappagol
Aged 59 Years,
Professor in Private College,
R/o Brundhavan, 8th Cross,
Sri Sidrameshwar Colony,
Kudchi Road, Jamkhandi-587301
(By Sri.Sharan.B.Tadahal, Advocate)
- The Proprietor,
Santosh Auto Wings
Mahindra Automotive Division
Sy No.8/5, NH-13,
By Pass Near Sindagi Naka Rampur Cross,
Vijayapura, Bijapur-586109.
(By Sri.S.S.Nagarale, Advocate)
- The Branch Manager
State Bank of India,
Banahatti Branch,
Tq:Jamkhandi, Bagalkot...Respondent/s
O R D E R
HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT
- This is an appeal filed U/s.15 of CPA 1986 by OP.1/Appellant aggrieved by the order dtd.05.05.2017 passed in CC/120/2016 on the file of Bagalkot District Forum.
- The Commission examined grounds of appeal, impugned order, appeal papers and heard.
- It is not in dispute that Complainant purchased the car on 11.04.2016 from the dealer/OP.2 which manufactured by OP.1 by availing loan from OP.3/bank. The dispute is, within a short span of two months of purchase, it started to break down on the way and was not moving, and these were rectified by authorised service centre/OP.2, but when issues were being occurred frequently, requested the OP.1 & 2 to replace it with new one alleging manufacturing defect in the vehicle. When OP.1 & 2 disagree with his request, raised consumer complaint before the Forum below, wherein OP.1 & 2 contested the matter stating that whatever the issues reported were within the scope of repairs and the same were attended and rectified satisfactorily. After enquiry, the Forum below come to the conclusion that there is manufacturing defect in the car and directed OP.2 to replace it with new car along with compensation and cost of Rs.12,000/-, with a liberty to recover it from OP.1. Since there is no role of OP.3 in the matter in dispute, dismissed the complaint against it.
- Aggrieved by this order, OP.1 preferred this appeal on the ground that, the Forum below erred in passing the order, without proper analysis or test by way of obtaining expert opinion to ascertain if manufacturing defects exist or not, which liable to be set aside.
- It is found from the records that Complainant purchased the vehicle on 11.04.2016 and within a short span of two months i.e. on 04.05.2016, 05.05.2016, 14.05.2016 & 18.06.2016 faced issue of starting trouble, break down on the way and was not moving. On inspection by OPs, it is found that, there was loose connection of wires, leakage of coolant and snag in wiring. According to OPs, these issues were attended and rectified satisfactorily by replacing requisite parts, since, were within the scope of repairs under warranty’. According to Complainant, even after such repairs, the problems in vehicle continue to be existed since there are inherent defects in the vehicle. In view of rival contentions, we are of the view that, the Forum below could have given an opportunity to subject the vehicle in question to obtain expert opinion as provided U/s.13(1)(c) of CPA 1986 before directing OPs to replace the car with new one, if it is worth for such direction.
- Further it is to be noted herein that the vehicle had run 3221kms within 02 months of purchase and thereby the issues occurred/rectified were appears to be minor, else such long distance would not be covered. However, since the defects allegedly contended by the Complainant continuously existing and, as such the purpose of purchasing car was not served, it would be appropriate to direct OP.1 & 2 to remove/rectify the defects and make it roadworthy along with some amount of compensation & cost to meet the ends of justice. With such conclusion, we proceed to allow the appeal in part. Consequently modified the order of the Forum below with the following terms:
The OP.1 & 2 are directed to remove/rectify the defects if any in the vehicle, make it roadworthy and if necessary by reconditioning the vehicle and deliver it to the Complainant in the presence of an independent technical expert mutually agreed upon by the Complainant and OP.1 & 2. The expert shall certify that the vehicle is free from any defect which shall be final for all purposes. Thereafter to provide a warranty for one year from the date of delivery.
OP.1 & 2 are further directed to pay compensation of Rs.25,000/- and cost of Rs.10,000/-
OP.1 & 2 are directed to comply this order within 03 months from the date of receipt of this order, failing which the cost and compensation shall carry interest at 9% p.a. from the date of complaint till comply of this order.
- The amount in deposit is directed to be transferred to the District Commission for needful.
- Notify copy of this Order to the District Commission and parties.
Lady Member Judicial Member President
*NS*
