OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &
Sri K.K.Mohanty,MEMBERS .
Consumer Complaint No. 42 of 2011
Date of Filling : -29.03.2011.
Date of Order :- 22.08.2019.
Arup Kumar Baral,S/O.Late Kailash Ch.Baral,
At-Amalapada,P.O/Dist.Angul.
_______________________________________________Complainant.
Vrs.
1. Managing Director ,Odyssey Motors Pvt.Ltd.,
Authorized Maruti Dealer,
At-Kandasara,Nalco Nagar,Dist.-Angul-759145
- Managing Director, Maruti Suzuki India Ltd.,
Nelson Mandela Road,Vasantkunj,New Delhi-110070.
________________________________________________Opp. parties.
For the complainant :- Sri N.K.Sahu & associates(Advs.).
For the opp.party No. 1 :- Sri P.K. Das &associates(Advs.)
For the opp.party No2 :-Sri B.C.Pradhan & associates(Advs.)
: J U D G E M E N T :
Sri K.K.Mohanty,Member.
The complainant has filed this case with prayer to replace the defective car with a new one or in alternate refund the price with interest along with cost of litigation.
2. The petitioner/ complainant’s case runs thus :-
That the complainant had purchased a new Wagon R VXI Car on 27.8.2010 having Regd. No. OR05 AL 5300 suddenly on 13.01.2011 during travelling the car could not run due to defect and the complainant towed it to the authorized workshop. In the workshop the mechanics replaced the clutch plate and solved the problem on payment of Rs. 932.00 .Again the car faced the same problem on 18.3.2011. After pulling the vehicle to the workshop the mechanics replaced the clutch plate and pressure plate and charged Rs.2713.00 . The complainant suffered a lot due to break down of the new car on his urgent journey. He spent both time and money and suffered severe mental agony due to defect of a new car. So being harassed/dissatisfied with this sort of works of opp.parties he has filed this case on 29.3.2011 to get justice.
3. The opp.party No.1 & 2 have contested the case and they opposed the complainant and prayed for dismissal of the case. Later the opp.party No.1 has submitted the job history which reveals that the complainant has eleven time s visited the same work shop by 18.5.2019 for check up and services of the vehicle but after the 2nd time replacement of clutch plate the same defect has not been repeated.
4. The complainant has submitted that the opp.parties have provided a defective clutch plate. In a vehicle clutch plate is an essential part. The opp.parties are avoiding with clarification that the clutch plate is coming under normal wear and tear but no where it is mentioned clutch plate maintenance is normal. The complainant is again suspecting that either the dealer had fitted one old part or the workshop workers have replaced the new one and fitted an old clutch plate during repairing.
5. From the plaint it reveals that after about five months of using the car the defect in the clutch plate was noticed for the first time. Clutch plate is an important part of the car. Complainant has not proved by due process provided in the C.P.Act that the clutch plate which was removed in first time was having manufacturing defect.However, during warranty period it became defective. So the authorized work shop of the company (opp.party No.1) should have replaced it free of cost. The plea of opp.party No.1 that clutch plate is not covered under warranty is not a good plea and for customer’s satisfaction he should have done it. Thus, opp.party No.1 is liable for taking cash of Rs. 932.00.
Again the same defect i.e defect in the clutch plate developed within two months of the first time repairing. So opp.party No.1 should have replaced it but instead of doing that he is contesting the case tooth and nail. This is a very small matter. Instead of complying the small demand of the complainant the opp.parties are contesting the case and lingering it.
So this forum is driven to irresistible conclusion that for ends of justice the opp.party No.1 should refund the repairing charges of Rs. 932.00 and Rs. 2713.00 received by him whimsically along with Rs. 3000.00 towards interest and harassment and Rs. 3000.00 towards litigation charges.
5. Hence the order :-
: O R D E R :
The case is disposed of on contest against the opp.parties. Opp.party No.1 is directed to refund Rs. 3,645.00 {Rupees Three Thousand Six Hundred Forty-Five ( first charge Rs.932.00 + second time charge of Rs.2713.00) } along with interest and compensation of Rs. 3,000.00 (Rupees Three Thousand) and Rs. 3,000.00 (Rupees Three Thousand) towards cost of litigation i.e all total Rs. 9,645.00 (Rupees Nine Thousand Six Hundred Forty-Five) to the complainant within 45 days of getting this order. It is made clear that in case of any deviation of this order the above amount of Rs.9,645.00 (Rupees Nine Thousand Six Hundred Forty-Five ) will carry 14% yearly interest from 46th day of this order till actual payment is made.
Order delivered in the open forum today the 22nd August,2019 with hand and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D. C. Mishra)
Sd/- President.
(Sri K.K.Mohanty )
Member. Sd/-
(Smt.S.Mallick),
Member.
