Haryana

Charkhi Dadri

CC/32/2023

Devender - Complainant(s)

Versus

M/S A1 Heavy Equipments Developer through its Managing Director/owner - Opp.Party(s)

Sh. A.S. Dabas

20 Aug 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI

 

Consumer Complaint No.      32 of 2023

                                                Date of Institution:                 21.02.2023

                                                Date of Decision   :                 20.08.2024

 

Devender  son of Shri Harpal, resident of village Pichopa Kalan, Tehsil & District Charkhi Dadri-127310, Mobile No.9050431757 & 7988313971

 

 

                                                                                      ... Complainant.

                                                Versus

 

 

M/s A1 Heavy Equipments Developer, 61 Mile Stone, Delhi-Mathura Road, Palwal through its Managing Director/owner.

 

                                                                             ...Opposite parties.

 

COMPLAINT UNDER THE CONSUMER PROTECTION ACT

 

BEFORE: HON’BLE SH. MANJIT SINGH NARYAL, PRESIDENT

                    HON’BLE SH. DHARAM PAL RAUHILLA, MEMBER

 

Present:      Complainant in person.

Sh. Anil Phogat, Advocate for OPs.

                    

ORDER:

                   Alleging deficiency in service on the part of opposite parties, complainant has filed this complaint with the averments that the complainant purchased Hydraulic Mobile Crane bearing Registration No. HR19R-7422 for plying as Goods Carrier for earning his livelihood.. The above-stated machine became defective, as the hook/rope of used to come down & go up very slowly due to which the working of the same badly effected. The complainant requested the OP many a times to remove the fault and make the crane operative and the OP promised to make the fault removed soon but to no effect.  Further, the control wall section was leaked on 12.10.2022 for which complaint was made on the same day, which was repaired on 23.11.2022. The hydraulic oil was got filled on 25.11.2022 by calling Engineer of M/s Vishwakarma Parts  & Service, Bahadurgarh and the oil was purchased  dated 25.11.2022 for Rs.11,000/-. The complainant requested the OP many a times for making the payment and the OP promised to make the payment but to no effect. Thereafter, the clutch and pressured plates become defective on 13.12.2022 The crane remained un-functional for 11-12 days and the complainant requested the OP to remove the problem but the OP did not pay any heed. Then the complainant again called M/s Vishwakarma Parts  & Service, Bahadurgarh and the same was repaired on 21.12.2022 by paying Rs.8500/-. The OP company could not repair the crane despite the fact that the same was within warranty period. The crane again became defective on 8.2.2023 and the complainant requested OP to remove the problem but he did not pay any heed. Then the complainant again got repaired the crane from M/s Vishwakarma Parts & Service, Bahadurgarh and they have charged an amount of Rs. 32,430/-. Moreover, the OP company has agreed to deliver a cooler with the Hydraulic Mobile Crane, free of cost, but the same has not been given. The complainant has himself got repaired the Hydraulic Mobile Crane and the OP company failed to remove the defect or replace the vehicle as per terms of warranty. Complainant visited the OP and requested to get refund the amount incurred on the repair but the OP refused to refund the same.   Hence, this complaint.  It is prayed that the opposite party be directed to refund the amount/cost of repairing of Rs.51,930/- with interest, to pay Rs.1,00,000/- loss of income  with interest, to pay Rs.1,00,000/- on account of mental pain and agony and Rs.21,000/- as litigation expenses besides any other relief for which the complainant is found entitled.

2.                The opposite party no. 1 has contested the complaint and filed its written statement submitting that the complainant has neither given any complaint to the OP regarding the vehicle nor mentioned any date, month or year of giving the complaint. The vehicle was handed over to the complainant on  22.07.2022 after proper testing and finding the vehicle absolutely fine in the testing. On 22.08.2022, the routine checkup of the complainant’s vehicle was done by the engineer of the OP at the place of the complainant, where the driver Bilash was found present, who informed about the problem in the gear box, on which the engineer checked  the vehicle but there was no problem in the gear but there was hose pipe leakage and there was a fault in the status switch which was rectified. It is alleged that after this, again on 22.09.2022, the routine checkup of the vehicle was done by OP Engineer at the complainant’s place, where the driver Bilash was present on the spot, who confirmed that there was no oil in the vehicle, steering pipe was leaking, Vom Orig, Hose leakage, breaks not working properly  and greasing, on which the engineer of the OP checked the vehicle and rectified all the deficiencies and added oil. All the work was done without any charge. Again which after on 23.11.2022, the routine checkup of the vehicle was done by the engineer of OP at the complainant’s place where the complainant himself found present and told about the problem of control valve leakage after checking, it was found that there was no problem in vehicle but there was a problem of hose leakage which was rectified and no charge was taken in this regard. Apart from this, the complainant has recorded that he has filled oil in the vehicle on 25.11.2022, whereas on 22.09.2022 OP had poured 4 litres of oil in the vehicle and after pouring this much oil, there is no guarantee for the oil. The complainant’s vehicle had been driven for 359 hours. Apart from this, there was a possibility that driver can extract oil and sell it, which is under suspicion. After this  again on 21.12.2022, routine checkup  was done by the engineer  , where the complainant’s driver Monty was found present, who complained about  noise in the gear of the vehicle and noise in the distributor, where the complainant’s vehicle was checked and the clutch bearing, pressure plate were replaced and hydraulics were completed, after which there was no defect. OP has done his hard work with full dedication and no charge was ever been taken because the complainant’s vehicle was under warranty. It is further alleged that there was fault in the crane on 08.02.2023 and requested OP to get the crane repaired, where as the complainant had purchased the crane on 22.07.2022, according to which the period for crane service was 6 months or it will end after 1000 hours (whichever is earlier). After the expiry of period of such service, the responsibility of OP ceases. If the complainant has got any work from outside after the expiry of the free service period then the OP is not liable. Rest of the averments made by the complainant have been denied by the opposite party and prayed for dismissal of complaint.

3.                In his evidence, the complainant has filed his affidavit Ex.CW-1/A and document Ex.C1 and Ex.C12 and closed the evidence on 14.11.2023.

4.                On the other hand, the Sh. Dev Kumar, authorized person has tendered affidavit Ex.RW-1/A and documents Ex.R1 to Ex.R9 and closed the evidence on 29.02.2024.

5.                Arguments advanced by learned counsel for both the parties have been heard and documents available on file have been perused.  

6.                Brief facts of the case of complaint are that the complainant had purchased a Hydraulic Mobile Crane from the OP vide invoice dated 15.07.2022  (Mark A)  and the same was delivered  by the OP on 22.07.2022 after proper testing as evident from “Crane Testing  Report Before Final Dispatch” and  “Hydraulic Mobile Crane Delivery Report” both dated 21.07.2022. The AIHED cranes are warranted against manufacturing defect for 6 months / 1000 hours of service whichever is earlier as written on Mobile Crane – Order Booking Sheet dated 11.05.2022 (Ex.R1) and on invoice dated 15.07.2022 (Mark A). The OP is the manufacturer of the above-said crane. The above-stated crane became defective within a month as the hook/rope of the same used to come down & up very slowly and Hose leakage due to which the working of the same badly effected and complaint of the same was made to OP many times from time to time but the problem could not be removed and they gave only false assurances. On 22.08.2022, Engineer of the company repaired the same and assured that the problem would not occur again. Copy of service report is Ex.R5. But the crane again became defective same problem   of Hose leakage occurred in the month of September 2022 and the complaint was made to the OP for the same. On this Engineer of the company again repaired the crane on 22.09.2022. The copy of service report is attached as Ex.R6. The control wall section was also leaked on 12.10.2022 and hook/rope of the same use to come down & up very slowly and complaint for the same was made to the OP on the same day which was repaired on 23.11.2022. The copy of the service report is attached as Ex.R7. The hydraulic oil was filled on 25.11.2022 by the complainant himself by calling Engineer of M/s Vishwakarma Parts & Service, Bahadurgarh and oil was purchased by the complainant  vide bill dated 25.11.2022 for Rs.11,000/- Ex.C6. The OP gave assurance for making the payment of oil, but the payment could not made till date. The crane remained un-functional for about 11-12 days. The clutch & pressure plates of the crane become defective again occurred on 13.12.2022, which were replaced  by the engineer  of OP on 21.12.2022 but the parts were purchased  by the complainant by paying Rs.8500/- from his own pocket as  per bill dated 21.12.2022 issued by M/s Vishwakarma Parts & Service Bahadurgarh (Ex.C5). The crane was remained unfunctional for 7 to 8 days. Then crane was again defective on 8.2.2023 but the OP did not pay any heed to this request by saying that the warranty is over. Then the complainant repaired the crane to M/s Vishwakarma Parts & Service, Bahadurgarh and they have charged an amount of Rs.32,430/- vide bill dated 13.02.2023 Ex.C7. Moreover, OP company has agreed to deliver a pooler with the Hydraulic Mobile Crane free of cost but the same was not given till date. It is further contended that the complainant approached the opposite party many times for repairing of his crane but problem was not solved by the opposite party despite repeated requests which shows negligence and deficiency in service on the part of opposite party.  It is admitted fact that the complainant had purchased from OP viz. A1 Heavy Equipment Developers , Palwal “ Hydraulic  Mobile Pick-n-Carry Safe Crane, Model VH14-42, 42 Feet RD Boom, Engine No- T41038/2220006, Chassis No- >MD90VH14N22299035< vide invoice dated 15.07.2022 (Mark A) with warranty for six months/ 1000hours  of service whichever is earlier. The said crane was delivered on 22.07.2022 to the complainant after proper testing duly acknowledged by the complainant by signing the “Crane Testing Report Before Final Dispatch” and “Hydraulic Mobile Crane Delivery Report” both dated 21.07.2022. The warranty period commenced w.e.f.22.07.2022 (date of delivery) and ends on 21.01.2023. The OP provided service during the warranty period. However at some occasion there was delay on the part of the OP and because of that the complainant has suffered loss of business. It amounts to deficiency in service on the part of OP. The complainant had purchased the said crane for earning his livelihood. To minimize his business loss, the complainant had sought service of  M/s Vishwakarma Parts, Bahadurgarh and incurred  (i)Rs.11,000/- vide bill dated 25.11.2022 for hydraulic oil 20 litres. (ii) Rs.8500/- towards clutch  + Pressure Plate vide bill dated 21.12.2022 and (iii) Rs.32,430/- for  Ball gear, sun gear, Niddle bearing, bearing, two gear oil 26 lt. vide bill dated 13.02.2023. The amount of Rs.11,000/- incurred  towards purchase of hydraulic oil is not admissible for payment as it was for consumable item i.e. oil and its use in the crane has not been  supported with any evidence. An amount of Rs.8500/- incurred for clutch + Pressure plate set may be considered as genuine claim for payment as the same was incurred during the warranty period when the OP failed to provide service on time. As regards, the claim for expenses of Rs.32,430/- incurred vide  bill dated 13.02.2023, the same is not found entitled  as the same was incurred after expiry of the warranty period which had expired on 21.01.2023 and the bill is dated 13.02.2023.

7.                In view of the above discussion, this complaint is allowed and we pass an award against the opposite party directing them

1. to pay Rs.8500/- (eight thousand five hundred only) being  amount incurred  by the complainant towards clutch + Pressure Plate set vide bill dated 21.12.2022 when OP had failed in giving service in time alongwith interest @ 9% per annum from 21.12.2022 the date when payment was made by the complainant  till its realization.
2. To pay Rs.5000/- for mental agony, harassment and deficiency in service
3. To pay  Rs.5000/- as litigation expenses.

 The opposite party is directed to comply the order within 45 days from the date of this order failing which further interest @12% will be paid by OP for the delayed period.  Order be uploaded on the portal. Certified copy of this order be given to the parties free of cost. File be consigned to record room after due compliance.