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. 14 of 2012
Date of Filling : -08.02.2012.
Date of Order :- 26.08.2019.
Shree Ashok Ku.Biswal,S/O.Bidhu Ch.Biswal,
At-Biswal Medical Store,FCI Road,P.O/P.S:-
Nalco Nagar,Dist.Angul.
__________________________________________________________Complainant.
Vrs.
01. Managing Director ,Odyssey Motors Pvt.Ltd.,
Authorised Maruti Dealer, At- Kandasar,Nalco
Nagaer, Dist. Angul,759145
02. Managing Director, Maruti Suzuki India Ltd.,
Nelson Mandela Road,Vasantkunj,New Delhi-110070.
__________________________________________________________Opp. parties.
For the complainant :- Sri D.Pani & associates(Advs.).
For the opp.party No. 1 :- Sri P.Mishra &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 petitioner has filed this case with prayer to replace the defective vehicle with a new one or refund the price of the vehicle i.e 3,15,180.00 to the complainant.
2. The petitioner’s case runs thus :-
That, the petitioner had purchased a new Maruti EECO 5 SRT car on 23.3.2010 bearing Regd. No. OR-19J- 0688 . After few days of use, the complainant found excessive and uneven erosion of the inner side of the front tyres of his new car. The complainant intimated the same to opp.party No.1 on 14.3.2011.The mechanic of opp.party No.1 just changed the front tyres to the back side and the vice versa and disposed of him without mentioning the true defect in the job card. Though the mechanic of opp.party No.1 disposed of the complainant but the same trouble was again noticed on 8.6.2011 .The complainant repeated his complain but the mechanic disposed of the complainant in the same process without mentioning the true defect i.e erosion of tyre in the job card. Thereafter due to repetitions of the same defect, the complainant reported to opp.party No.1 on 18.11.2011 but Sri Rajendra Mishra the engineer of opp.party No.1 company suggested for tyre rotation and expressed his inability to remove the defect permanently. Since within the warranty period the defect was noticed and the opp.party No.1 could not rectify the deffect , therefore this case has been filed.
3. Opp.party Nos.1 & 2 have contested the case by filing separate written version with prayer for dismissal of the case on the grounds that there is no cause of action to file the case and they have never caused any deficit in rendering service to the complainant. Rather they have mentioned in the written version that on 8.6.2011 the petitioner has sent a letter to the customer care manager of the company, expressing his satisfaction on the impugned car as well as on the services rendered by the opp.parties.
4. During argument the opp.party Nos.1 & 2 have submitted seven numbers of job cards starting from 21.3.2013 to 9.3.2019 and pleaded that the complainant has never complained about the alleged defect i.e erosion of tyre and about manufacturing defect. The Job cards have been marked Annexure 1 to 7 but none of the Job cards reveal about manufacturing defect on the car. When such is the position the plea of the complainant regarding manufacturing defect cannot be sustained. Admittedly the job cards submitted by the complainant don’t contain about such defect i.e erosion of tyre. Thus, this forum has no other way than to come to a conclusion that the complainant could not prove the manufacturing defect in the car or about deficit in service during warranty period. So opp.party Nos. 1 & 2 cannot be held liable in this case.
5. Hence the order :-
: O R D E R :
The case is disposed of on contest against both the opp.parties. The opp.parties are not liable for selling a manufacturing defect car or making deficit in rendering service. Hence the complainant does not deserve any relief in this case.
Order delivered in the open forum today the 26th August,2019 with hand and seal of this Forum.
Typed to my dictation
and corrected by me (Sri D.C. Mishra),
President.
(Sri K.K.Mohanty ),
Member.
(Smt.S.Mallick),
Member.
