BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 99 of 2015.
Date of Institution : 22.5.2015
Date of Decision : 8.11.2016
Sham Lal, aged 25 years, son of Shri Sita Ram, resident of village Jamal, Tehsil and District Sirsa.
……Complainant.
Versus.
- M/s Shivdei Enterprises, Hisar Road, Sirsa, Tehsil and District Sirsa, through its Proprietor/ Partner/ Manager.
- Eicher Tractors (A Unit of TAFE Motors and Tractors Limited), Plot No.1, Sector-D, Industrial Area, Mandideep-462 046, District Raisen, MP, through its Manager.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RANBIR SINGH PANGHAL………..……MEMBER.
Present: Sh. P.K. Berwal, Advocate for the complainant.
Sh. Sandeep Kamboj, Advocate for the opposite parties.
ORDER
Case of the complainant, in brief, is that complainant purchased one new tractor make Eicher-241 model 2014 of 24 HP from opposite party no.1 on 15.7.2014 for a sum of Rs.3,35,000/-. The said tractor is manufactured by op no.2. But when the complainant used the tractor, it did not give the desired performances. After 15 days of its purchase and use, the wiring of the tractor got burnt. Then he visited op no.1 for three times for change of wiring of the tractor. But op no.1 put off the matter on the pretext that mechanic is not available. The complainant made several rounds to op no.1 for two months and during this period, op no.1 made some temporary arrangement of wiring and charged a sum of Rs.1500/- as charges of mechanic from him. Thereafter, after about three and half months of its purchase, the crown pin and two bearings inside the engine got broken and the clutch plates of the tractor also failed. Thereafter, he took further rounds to op no.1 but op no.1 put off the matter by saying that the mechanic is not available. However, after some many visits made by complainant, the op no.1 got removed the broken crown pin and bearings and charged a sum of Rs.1800/- as labour charges from him. Thereafter, after about one month, the lift pump seal got broken and the engine got ceased. The complainant again brought the tractor to the workshop of op no.1 and reported the defect. The op no.1 demanded a sum of Rs.2500/- for repair of the tractor and service and service was conducted by op no.1 but after three days of service, the tractor damaged its seal due to which the mobil oil and lift CL got mixed up and the engine stopped working. The complainant incurred a sum of Rs.2600/- for change of oils. The lift pump seal and rear side of the tractors gives noise like an old tractor and the above defects are still in the tractor. On 12.5.2015, he again visited op no.1 and reported the defects whereupon op no.1 told the complainant that if he will pay the labour charges, then the repairs will be done. The ops are liable to remove the defects without any cost being in warranty period. There is manufacturing defect in the said tractor and same requires replacement. Hence, this complaint.
2. Upon notice, opposite parties appeared and filed written statement asserting therein that complainant has not proved with any documentary proof that there is manufacturing defect in the tractor. The complainant himself has failed to follow the guidelines regarding the service of the vehicle as specifically laid down in the catalogue. It is further asserted that complainant purchased the tractor on 16.7.2014 and complainant has stated the alleged burning of wires after 15 days of its purchase i.e. on or about 31.7.2014 or 1.8.2014 while the fact remains that the complainant himself got the first service of the tractor on 22.8.2014 and at that time, he did not report any such defect of wiring to the dealership as well as the company. The complainant complained about the wiring on 4.10.2014 to op no.1 and free home delivery services were provided to the complainant and problem of wiring were resolved as per the satisfaction of the complainant. The grievance of the complainant regarding the tractor has always been redressed by the complainant and all the services have been provided free of costs by op no.1. The remaining contents regarding problem in the clutch plates etc. have been wrongly mentioned because at the time of services, no such complaint has been made by him. The complainant approached op no.1 on 12.5.2015 for the lift hunting problem, noise in the gear box and said problems were checked by the expert mechanic of op no.1, but no such problems have been found and the tractor was found okay. The defects in the tractor as alleged by complainant have occurred only on account of mishandling and careless use of the same by complainant himself. Remaining contents of the complaint have also been denied.
3. In evidence, the complainant has tendered his affidavit Ex.C1, copy of registration certificate Ex.C2, copy of driving licence Ex.C3, copy of warranty card Ex.C4 and copy of jamabandi for the year 2012-2013 Ex.C5. On the other hand, ops have tendered copy of bill dated 22.7.2014 Ex.R1, copy of history card of services Ex.R2, copy of service scheme Ex.R3.
4. We have heard learned counsel for the parties and have gone through the case file carefully.
5. There is nothing on record to prove any manufacturing defect in the tractor. Normal wear and tear in the tractor after use cannot be said to be manufacturing defect. The contentions put forth by the opposite parties regarding providing of services are supported by copy of history card of service Ex.R2. However, as the complainant is alleging some defects in the tractor during warranty period, the complainant is entitled to repair of the tractor and replacement of defective parts, if any free of costs. As such, present complaint is hereby partly allowed with the direction to the opposite parties to repair the tractor in question and to make the same defect free after replacement of defective parts, if any free of costs. The opposite parties No.1 & 2 will jointly and severally repair the tractor within one month of its production by complainant. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced in open Forum. President,
Dated:8.11.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa.
