Haryana

Ambala

CC/402/2011

JOGINDER SINGH - Complainant(s)

Versus

METRO MOTORS - Opp.Party(s)

SATVINDER SINGH

28 Feb 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 402 of 2011

                                                          Date of Institution         : 15.12.2011                       

                                                           Date of decision   : 28.02.2017

 

          M/S Joginder Singh Anand R/o House No. 1429, Sector -3 Urban Estate           Kurukshetra through partner Kanwaljit Singh son of Sh. Surjit Singh now        R/o  hour No. 94/4 Urban Estate Kurushetra.    

……. Complainant.

 

1. Metro Motors, passenger Car Dealer, 106 Railway Road, Ambala Cantt through its Manager/owner/partners.
2. Flat India Automobiles limited, B-19 MIDC Ranjan Gaon Tal Shirur Distt. Pune 412210 through its Managing Director.

 

 ….…. Respondents.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                             

 

Present:       Sh. Deepak Saini, counsel for complainant.

                   Sh. R.S. Bansal, counsel for OP No. 1

                   OP No. 2 already exparte v.o.d. 02.03.2012.

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant had purchased one flat Model Flat lined DI Dynamic E-III, passenger Car Chassis No. MAH11021709001549 A Q Z Engine No. 0011466 from the OP No. 1 but after come day, there was trouble in the Engine and starting point and the car in question was brought to the Centre at Ambala with OP No. 1 on 08.10.2011 for checking and in the said car, the engine oil was not put by the OPs at the time of service of the car on 17.09.2011. There was a leakage of Engine oil and then the complainant got put Engine oil for Rs. 1600/-. Further submitted that thereafter the complainant took the car and there was problem in moving the car and it was giving huge smoke and not running properly. On 21.10.2011, the complainant took the car to the OP No. 1 at Ambala for removing the defects but the OPs have failed to remove the defects in the car i.e. did not replace the engine as the engine was damaged due to the deficiency in service of OPs as they did not put engine oil in it at the time of service. Further submitted that it is also added here that the complainant incurred huge expenditure on the maintenance of Car i.e. on 26.05.2011 Rs. 6597/-, on 24.06.2011 Rs. 7699, on 30.07.2011 Rs. 22999-3p, 17.09.2011 for Rs. 7196-77P, and on 19.09.2011 Rs. 1354/- and the complainant got entire service from OPs. Hence upto 08.10.2011, the complainant spent huge amount on the maintenance of the car from his packet and said amount is paid to the OPs as the complainant regularly got services of car form the Ops only but the Ops have failed to change the engine of car. So, there is deficiency in service on the part of Ops. Hence, the present complaint.

2.                Upon notice, OP No. 1 appeared and filed written statement submitting that the vehicle has covered more than 1,08,210kms as on 21.10.2011 and the vehicle is being repaired by the mechanic of the OP No. 1 to the entire satisfaction of the complainant and the Ops never refused to get the job done on payment basis, although the vehicle is out of warranty which provides 24 months or 18000kms whichever occurs earlier. Further submitted that the complainant had handed over the vehicle on 22.10.2011 for engine oil level check and engine oil leakage and thereafter, the complainant has not turned up, although various letters dated 19.10.2011, 01.11.2011 and 08.12.2011 were sent to the complainant for allowing the Ops to get the job done on payment basis, but neither any response nor any reply has been received by the OP even after receipt of the letters by the complainant. Hence, the present complaint is liable to be dismissed having no merit at all and terms and conditions of the warranty clause.

3                 To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 to C-29 and close his evidence. On the other hand, counsel for the OP No. 1 has also tendered affidavit as Annexure R-X alongwith documents as Annexure R-1 to R-14 and close his evidence.

4.                We have heard counsel for the parties and carefully gone through the case file.  Admittedly, the vehicle in question was sold by Op No. 1 to the complainant & later on the said vehicle was got registered by the Registered Authority vide Registration No. HR-07N-0455 which was purchased on 25.05.2009. The complainant got his vehicle serviced from Op No. 1well within time as when it become due. The vehicle was parked in the premises of OP No.1 on 22.10.2011 with the engine problem & thereafter served a legal notice on 03.11.2011. Finally, the complainant filed the present complaint on 15.12.2011.

                   During the pendency of the complaint, the complainant moved an application for directing the OP No. 1 to repair the car in order to save the future loss to the complainant and the counsel for OP No. 1 made a statement that OP       No. 1 is ready to repair the car at the cost of complainant. Accordingly, the said application was allowed by this Forum vide order dated 05.03.2012 and the complainant spent a sum of Rs. 115906.64/- as mentioned in Annexure C-26 & paid the same to OP No. 1.

                   From the perusal of the record, it is clear that no defect occurred during the warranty period i.e. (18000kms or 2 years whichever is less) it is not a case of complainant that there was any manufacturing defect in the vehicle for which manufacture can be held liable. The meter reading of vehicle is question on 22.10.2011 is 108210KMs. The alleged fault is the vehicle seems to be due to wear & tear of the vehicle for which OPs cannot held responsible. There is no substance in this case. Hence, the present complaint is dismissed with no order as to costs. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :28.02.2017                                             Sd/-   

                                                                             (D.N. ARORA)

                                                                                       President

 

                             Sd/-

     (PUSHPENDER KUMAR)

                                                                                       Member