Delhi

New Delhi

CC/1290/2010

P.R. Meena - Complainant(s)

Versus

M/S. Hyundai Motors India Ltd. - Opp.Party(s)

29 Oct 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/1290/10                                                                                                                                                                             Dated:

In the matter of:

P.R Meena,

Plot no.649, Sector-18-B, L&T Apartments, 

Dwarka, New Delhi-110075

 

……..COMPLAINANT

       

VERSUS

1. Hyundai Motors India Ltd.,

Plot no.H1, SIPCOT Industrial Park,

Iligungaliukollai, Sro Perumbudur-Taluk, Kancheepuram, Chennai, Tamil Nadu-602105

 

2. Deep Hyundai,

K-1, Rajapuri, Dwarka, 

New Delhi-59

 

                                         ……. OPPOSITE PARTIES

 

ORDER

President: C.K Chaturvedi

               

The short case of the complainant is that he has purchased a brand new Hyundai I 10 car with Reg. no.DL4CAJ8427 having engine no. G4HG9M800466 and chassis no. MALAM51BR9M364847 on 04.09.09. It is alleged that on 03.10.09, i.e. after month of running at about 9:30 AM, when complainant was driving the vehicle at a normal speed of 60-65 km/hr, the rear tyre along with rim, came out from the shaft coupling due to which the vehicle met with an accident & suffered injuries. It is alleged that complainant brought the same to the notice of OP through emails from 10.10.09 to 27.01.10 (placed on record), and then issued a legal notice Exh.A, and seeks replacement of car and compensation of Rs.15 lakhs for mental agony, harassment etc. He filed an affidavit in its support of his case.

The OP filed a reply and evidence by affidavit stating that the car in new condition was delivered in without any technical or manufacturing defects or mechanical defects. Its plea is that complainant drove the vehicle in rough and negligence manner, leading to accident and injuries. It referred to various warranty policy for defective parts etc.

The OP does not deny the fact the complainant informed OP by emails repeatedly pointing out the accident due to tyre with rim coming out from shaft; and request of replacement etc.

 We have considered the rival case & material on record. The Complainant issued various emails informing of the accident and taking of ca to workshop near Jaipur. OP in reply emails have admitted the emails received but in none of them it questioned the fact of tyre or rim not coming out, nor it got the vehicle inspected at workshop, if it had any doubt, it would have checked other mechanical parts too. The plea of rash and negligence driving leading to accident has no legs to stand upon. We do not understand how the tyre and rim can come off the shaft even if car is driven rashly & negligence. By such driving human life & property may be endangered, but it does not explain poor workmanship or casual fittings which within one month gave away, leading to accident. The coming out of the tyre & rim within one month speaks of serious negligence or imperfection in fittings. The Complainant has suffered physical and mental hardship due to accident & has to beg for the parts not allowed by Insurance Company. His life was endangered, by dangerous fittings. We hold OP guilty of poor workmanship and award compensation of Rs.50,000/- for poor workmanship and Rs.30,000/- for physically injuries suffered because of accident and litigation expenses.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 29.10.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 (Ritu Garodia)

MEMBER