Haryana

Ambala

CC/256/2013

SOHAN LAL - Complainant(s)

Versus

M/s KBS Motors Pvt. Ltd. - Opp.Party(s)

SANJEEV KASHYAP

19 May 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                                        Complaint case no.  : 256 of 2013

                                                                        Date of Institution    : 03.10.2013

                                                                        Date of decision       : 19.05.2017

 

                        Sohan Lal son of Lajja Ram, resident of house No.324/7, Saudagaran Mohalla, Thanesar, District Kurushetra.

……. Complainant.

 

1. M/s KBS Motors Pvt. Ltd. (Mahindra), H.O. Village Teepla, Ambala, Jagadhri Road, Saha, District Ambala (Haryana).  
2. Mahindra and Mahindra Ltd; Nasik Plant 89, MIDC, Satpur, Nashik (Regd.).
3. Mahindra & Mahindra, Registered Office at Gateway building, Aopolo Bunder, Mumbai-400001 (Maharashtra)

 

 ….…. Respondents.

 

BEFORE:       SH. D.N. ARORA, PRESIDENT

                        SH. PUSHPENDER KUMAR, MEMBER             

                        MS ANAMIKA  GUPTA, MEMBER        

 

Present:          Sh. Mohd. Naim, counsel for complainant.

                        Sh. Prashant Gupta, counsel for OP No.1.

                        Sh. Vipul Singh, counsel for OP No.2 and 3.

 

ORDER:

                        In nutshell, brief facts of the present complaint is that on 15.04.2013, the complainant has purchased one Scorpio Car make Mahindra and Mahinder Ltd. bearing Engine No.MXD4C14156 from OP No.1 for sum of Rs.3,13,450/- on HPA of Rs.5,10,000/- from Indusind Bank Ltd. and total value of above said vehicle is Rs.8,35,000/-. Further submitted that the complainant got issued the registration NO.HR65-8103 of the said vehicle on 21.05.2013 in his name and from very beginning, the engine of the vehicle was not working properly and there is a problem of compressor, heat and slow running of speed etc.  Further submitted that on 07.05.2013, first service was conducted by OP NO.1 and the complainant made payment of Rs.1873.97/- to OP NO.1, at that time the complainant complaint to OP NO.1 about the above said defect in the engine and OP NO.1 assured the complainant that this defect would automatically removed as the engine will work. On 17.06.2013, second service of the said vehicle was conducted by OP No.1 and the complainant paid Rs.1342.97 and complainant again complaint the OP about the said problem and OP No.1 assured the complainant that above said problem will remove after some time. Further submitted that after second service same problem in the engine (back compressor), heat and slow running speed, arise again and on 10.07.2013, the complainant took the above said vehicle to OP NO.1, thir mechanic checked the engine and found the problem in the engine. From 10.07.2013 to 31.07.2013 the above said vehicle remained in possession of OP NO.1 after changing the engine on date 31.07.2013, OP No.1 issued letter to the complainant about the changing of engine and chasis number and the complainant again spent amount on the registration certificate for changing the engine number and chasis number which was received on 05.08.2013 and on 05.08.2013 again problem arises in the change engine. Further submitted that the complainant took the above said vehicle to OP NO.1 Mechanic of OP NO.1 checked and replaced engine and on 12.08.2013, the complainant again face the problem of back compressor, engine indication and engine blow etc.

2.                     Upon notice, OP No. 1 appeared and filed written statement submitting that the vehicle in question did not have any defect uptill two initial free service took place on 07.05.2013 and 17.06.2013 and except Engine oil & oil filter and also transmission & differential oil charges, were taken from the complainant as per free service policy of Mahindra & Mahindra. Further submitted that the complainant was advised to handle the vehicle properly but he did not comply and moreover the part of his insistence was replaced by the answering OP just to make goodwill of company with the customer for his satisfaction.

                        Upon notice OPs No. 2 and 3 appeared and filed written statement submitting that the relationship of answering OPs with its dealers and the relationship is on principal to principal basis. Meaning thereby, the replying OP manufactures the vehicle in bulk and sells the same to its various dealers and further on dealer resells the vehicle to its ultimate customer. The replying OP has contract of sale with its dealers but there is no privity of contract between the company and the customers who purchased the vehicle. Moreover, the replying OP is not responsible for any acts, omissions and commissions of its dealers who resell the vehicle to the final customer. Further submitted that the complainant has failed to disclose any deficiency in service and mere allegation that the vehicle in question was defective shall not suffice the purpose.              

3                      To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 to C-32 and close his evidence. On the other hand, counsel for the OP No.1 has also tendered affidavit as Annexure R-1 alongwith documents as Annexure R-2 to R-11 and close his evidence.

4.                     We have heard learned counsel for the parties and carefully gone through the case file. Admittedly, the complainant has purchased one scorpio car Make Mahindra and Mahinder Ldt. from OP No. No.1 for sum of Rs.8,35,000/-. It is also admitted fact that Engine and chasis number of the vehicle was changed by OP No.1 on 05.08.2013. The version of the complainant is that after replacing the engine, the vehicle in question again has occurred the same problems i.e. back compressor, engine indicator, engine blow etc.

                        On the other hand, counsel for OP No.1 argued that the vehicle in question did not have any defect uptill two initial free services took place on 07.05.2013 and 17.06.2013 and engine and chasis number was replaced by the OP No.1 only just to make goodwill of company with the customer for his satisfaction. Counsel for OPs has drawn our attention that the complainant has not produced any documentary evidence to prove whether the vehicle in question has any manufacture defect or any other problems i.e. back compressor, engine indicator, engine blow etc

                        To prove the manufacture defect in vehicle in question, the complainant has to file the application under Section 13(1)(c) of C.P. Act to this Forum which is relevant to verify the manufacture defect. As per Section 13(1) (c) says  that “Where the complaint alleges a defect in the goods which conanot be determined without proper analysis or test of the goods, the District Forum shall obtain a sample of the goods from the complainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to the analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the District Forum within a period of  forty-five days of the receipt of the reference or within such extended period as may be granted by the District Forum”

                        In the present case, the complainant failed to file any application under the above provision nor he filed any report of private expert to prove the vehicle in question is having any manufacture defect or any other problems like back compressor, engine indicator, engine blow etc. In this way, the complainant failed to prove his case the absence of cogent evidence. There is no deficiency on the part of the opposite parties. So, the complaint is hereby dismissed with no order as to costs. Copies of the order be sent of parties concerned as per rule. File be consigned to record room after due compliance.

Announced on :                                                                                   Sd/-

                                                                                                   (D.N. ARORA)

                                                                                                          President

 

          Sd/-

     (PUSHPENDER KUMAR)

                                                                                                          Member

 

                                                                                                   Sd/-

                                                                                    (ANAMIKA  GUPTA)

                                                                                                         MEMBER