IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 30th day of January, 2016
Filed on 17.10.2014
Present
- Smt. Elizabeth George (President)
- Sri. Xavier Antony (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.267/2014
between
Complainant:- Opposite Parties:-
Sri. Sunilkumar 1. Mahindra & Mahindra Ltd. S/o Yesodharan Mahindra Powerol Business
Indraprastham Gate No.2, Powerol Building
Punnapra, Alappuzha Akurli Road, (Kandivali (E)
Mumbai – 400 101, Represented
By its Managing Director
(By Adv. Jayan. C. Das)
2. Southern Associates, C.J. Tower
Vattekkattu Junction, Kaloor
Represented by its Branch Manager
3. Alleppey Diesel Service
Saktheeswaram JunctionCMC-31/9
Cherthala, represented by its Manager
4 GNX Power Corp, 13/728 A
Pipe Line Road, Thoppil
Thrikkakkara P.O., Cochin – 682 021
Represented by its Manager
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
On the basis of the representations and assurance made by the representative of the second opposite party for and on behalf of the first opposite party, complainant purchased a brand new 5KVA DG set manufactured by the first opposite party on 7.5.2012. Within a few months after the purchase, the said generator set started malfunctioning and each time the complainant was made to incur huge amounts for the repair of the sale done by the third and forth opposite parties. Even after repeated requests from the complainant, the opposite parties had not cared to do the free services available to the generator set. Due to the malfunctioning of the generator, the house boat business of the complainant was heavily affected. On 22.9.2014, the generator set became totally malfunctioning, same is in the possession of third opposite party and are demanding huge amount for the repair of the same. The acts of the opposite parties tantamount to grave deficiency in service, unfair trade practice and caused much mental agony. Hence the complaint is filed.
2. The version of the first opposite party is as follows:- The allegation raised by the complainant regarding malfunction of the generator is false and hence denied. The third and forth opposite parties are not the authorized service centers of the first opposite party and hence the first opposite party is not responsible to take care of the service and repairment of the complainant except in case inherent defect in the engine which manufactured by the first opposite party. The complainant had never approached the first opposite party for any service. There is no merit or genuity in the contention that the complainant is entitled for replacement of new generator set. There is no deficiency in service or unfair trade practice from the side of the first opposite party.
3. Notice issued against the second opposite party returned with remark left and notice issued against the third and forth opposite parties were served, but they did not turn up. Hence opposite parties 3 and 4 were set ex-parte.
4. Complainant was examined as PW1 and produced documents were marked as Exts.A1 to A6. No oral or documentary evidence adduced from the side of the opposite parties.
5. The points for consideration are:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get any relief?
6. According to the complainant, he purchased a 5 KVA diesel generator set from the shop of the second opposite party which was manufactured by the first opposite party. Ext.A1 is the invoice dated 7.5.2012, it proves that the complainant purchased the generator from the second opposite party. The first opposite party filed version stating that the generator set was not manufactured by them where as they are the manufacturer of diesel engine. According to the complainant within a few months after the purchase, the said generator started malfunctioning. He also stated that even after the repeated requests the opposite parties had not cared to do the free services available to the generator. Ext.A3 series are the job cards issued by the third opposite party and Ext.A4 series are the job cards issued by the forth opposite party. Ext.A3 series and Ext.A4 series show that the complainant had taken the generator set frequently from 3.3.2014 onwards. There is no documents produced by the complainant to prove that said generator set has any manufacturing defect. Ext.A5 is a receipt issued by the third opposite party it shows that the DG set of the complainant is with them. It is pertinent to note that the opposite parties did not file any version challenging the allegations of the complainant. As per the material on record, it is clear that the third and forth opposite parties carried out the repairs to the generator set after receiving the repair charges from the complainant. Since the generator set is remaining with the third opposite party they are bound to repair the set to the satisfaction of the complainant. Apart from that since the warranty period is expired the complainant is bound to pay a portion of the repairing charge to the third opposite party.
In the result, the complaint is allowed partly. The third opposite party is directed to repair the generator set to the satisfaction of the complainant within 2 weeks from the date of receipt of this order. The complainant shall be free to collect the generator set from the third opposite party after paying Rs.5000/- (Rupees five thousand only) towards repairing charge. The first opposite party is directed to issue an extended warranty for 5 months from the date, the complainant taken the generator set from the third opposite party. There is no order as to costs or compensation.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the 30th day of January, 2016. Sd/- Smt. Elizabeth George (President) :
Sd/- Sri. Antony Xavier (Member) :
Sd/- Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - Sunilkumar (Witness)
Ext.A1 - Retail invoice dated 7.5.2012
Ext.A2 - Form No.8B dated 23.5.2012
Ext.A3 series - Job cards (5 Nos.)
Ext.A4 series - Job cards (4 Nos.)
Ext.A5 - Receipt issued by third opposite party
Ext.A6 - Service Coupons - Retail
Evidence of the opposite parties :- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
