Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 150.
Instituted on : 24.02.2012.
Decided on : 04.05.2016
Parveen Kumar s/o Sh. Rajinder Prasad R/o H.No.955/18, Ghani Pura, Rohtak.
………..Complainant.
Vs.
- M/s Budhwar Automotives Pvt. Ltd., 7 Km. Mile Stone Sonepat Road, Rothak through its Manager.
- General Motors India Pvt. Ltd., Chandrapura Industrial Estate, Halol-389351, Distt. Panchmahals(Gujrat)
- General Motors India Pvt. Ltd., A-16, MIDC, Industrial Area(Phase-II) Near Floriculture Park, Telegaon Navlakh Umbhre Village Road, Tehsil-Maval, Pune-410507(Maharashtra)
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.JOGINDER KUMAR JAKHAR, PRESIDENT.
MS. KOMAL KHANNA, MEMBER.
SH. VED PAL, MEMBER.
Present: Sh.Punit Chahal, Advocate for the complainant.
Sh.N.K.Singhal, Advocate for opposite party no.1.
Sh.Gulshan Chawla Advocate for opposite party no.2 & 3.
ORDER
SH. JOGINDER KUMAR JAKHAR, PRESIDENT :
1. The present complaint has been filed by the complainant with the averments that the complainant had purchased a Chevrolet Beat Car from the opposite party no.1 on 28.09.2011 having warranty of 3 years from the date of sale. It is averred that soon after the purchase the complainant is facing problem because the car suddenly gets itself jammed and break paddle is not released. The complainant informed the opposite party no.1 in this regard and on 12.12.2011 the opposite party changed the break oil of the car and assured the complainant that this time the car will work properly but just after few days the same problem appeared in the car and on the suggestion of opposite party complainant got repaired his car from Aravali Auto, Gurgaon on 23.01.2012 and the concerned engineer changed the cylinder ASM-Break, MAS Change. But on 28.01.2012 the car has been suddenly stopped in the mid of the road and again the complainant got repaired the same from the authorized service station of opposite party. It is averred that there is manufacturing defect in the car which still persists and is not removed by the opposite parties despite his various visits, which amounts to unfair trade practice on the part of opposite parties. It is averred that opposite parties may kindly be directed to refund the price of car alongwith interest, compensation and litigation expenses to the complainant.
2. On notice opposite parties appeared and filed their separate written reply. Opposite party no.1 in its reply has submitted that complainant has approached the opposite party four times i.e. on 29.10.11, 31.10.11, 30.01.12 and 12.07.2012 and the services were carried out to the satisfaction of the complainant and the same is running smoothly. Opposite party prayed for dismissal of complaint with costs.
3. Opposite party no.2 & 3 in their written reply has submitted that it is denied that soon after the purchase of car, complainant is facing the problem of Break Jam or the break paddle being not released. It is averred that as and when the complainant approached the opposite party with any problem, the same was put to O.K condition. It is averred that there is no manufacturing defect in vehicle in question. It is averred that without admitting factum for any defect as alleged, the answering opposite party is ready to get the vehicle repaired under the warranty conditions subject to the satisfaction of the complainant and Hon’ble Forum. All the other contents of the complaint were stated to be wrong and denied. Opposite party prayed for dismissal of the complaint with costs.
4. Both the parties led evidence in support of their case.
5. Ld. Counsel for the complainant in his evidence tendered affidavits Ex.CW1/A, documents Ex.C1 to Ex.C10 and the evidence of the complainant was closed by the order dated 05.02.2015 of this Forum. On the other hand, ld. Counsel for the opposite party no.1 has tendered affidavit Ex.R1, documents Ex.R2 to Ex.R3 and has closed his evidence. Ld. Counsel for the opposite party no.2 & 3 has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R5 and has closed his evidence.
6. We have heard ld. counsel for the parties and have gone through material aspects of the case very carefully.
7. In the present case it is not disputed that the complainant had purchased a car from the opposite party no.1 on dated 28.09.2011 as is proved from the copy of bill Ex.C8. The contention of ld. Counsel for the complainant is that the car in question was not working properly from the very beginning as the same stopped suddenly on various occasions and the defect could not be removed by the opposite parties despite their repeated repairs. It is contended that the same is having manufacturing defect. Complainant has placed on record service job sheets Ex.C2 to Ex.C5 and copy of letter Ex.C6. On the other hand, contention of ld. Counsel for opposite parties is that there is no manufacturing defect in the vehicle in question and as per the statements made by opposite parties before this Forum on 22.04.2016, they are ready to remove the defects of the car in question on the expenses of the company.
8. After going through the file and hearing the parties it is observed that car was purchased by the complainant on 28.09.2011 and as per the documents placed on record by the complainant, the defect in the car appeared during warranty period. On the other hand, opposite parties are ready to remove the defects of the car, if any on the expenses of the company.
9. In view of the facts and circumstances of the case it is observed that opposite parties shall remove the inherent defects of the car in question at the expenses of the company after taking satisfaction letter from the complainant and shall also pay a sum of Rs.3500/-(Rupees three thousand five hundred only) as litigation expenses to the complainant maximum within 15 days from the date of decision. Complaint is disposed of accordingly.
10. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
04.05.2016.
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Joginder Kumar Jakhar, President
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Komal Khanna, Member.
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Ved Pal, Member.
