West Bengal

Paschim Midnapore

CC/105/2015

Jharna Roy - Complainant(s)

Versus

M/s. Mahabir Auto Distributors - Opp.Party(s)

16 Feb 2016

ORDER

                                                             DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President

and 

Kapot Chattopadhyay, Member.

   

Complaint Case No.105/2015

                                                       

                                        Jharna Roy…………..………..……Complainant.

Versus

 

                                       M/s Mahabir Auto Distributors..........…..Opp. Party.

 

              For the Complainant: Self.

              For the O.P.               : Mr. Surojit Dutta, Advocate.

 

Decided on: -16/02/2016

                               

ORDER

                          Bibekananda Pramanik, President – Facts of the case, in brief, is that on 13/09/2013 the complainant purchased a Trip (7+D) four wheeler vehicle from Force Motors Ltd. through the opposite party, who happens to the distributor of the said company.  Complainant paid Rs.3,20,005/- towards the value of the said vehicle through the Financier Allahabad Bank, Haldia Branch.  It is alleged that the opposite party supplied the vehicle which was manufactured in the year 2011.  After purchasing the said vehicle, the complainant faced day to day problem in running the vehicle.  There was manufacturing defects in the said vehicle and knowing fully well, the opposite party sold the said vehicle to the complainant.  The complainant requested the opposite party for replacing or repairing the vehicle but the opposite party took no action.  The complainant had sent the vehicle to the showroom of the opposite party by Pull-Crain at the cost of Rs.8,000/-.  Opposite party repaired the vehicle and one month thereafter the vehicle was

Contd………………P/2

 

 

 

                                                           

                                                             ( 2 )

not able to run smoothly on the road.  The complainant on several times requested the opposite party to repaired the vehicle or to give another type of vehicle but the opposite party refused to do so.  Hence the complaint praying for return of Rs.3,20,005/- towards the value of the vehicle, a sum of Rs.40,000/- as repairing cost and further sum of Rs.50,000/- for mental and physical harassment.

                  The opposite party has contested this case by filling a written objection. Denying and disputing the case of the complainant, it is the specific case of the opposite party that the complainant has not purchased the said vehicle for the purpose of self employment and she has  no driving license of her own and she does not drive the vehicle  and she has hired drivers for plying the vehicle.  According to the opposite party, the complainant has purchased the said vehicle for commercial purpose and as such she is not a bona fide consumer.  It is also the specific case of the opposite party that the opposite party is a partnership firm and a authorized dealer of Force Motor Ltd. having their workshop and manufacturing facilities at Pune, Maharastra and as a the bona fide dealer of Force Motors Ltd., opposite party is engaged in the business of selling the products of the said company.  Complainant had been to the showroom of the opposite party on 12/07/2013 and after enquiry about the vehicle, she requested the opposite party to give her quotation in order to process her bank loan and accordingly the opposite party quoted the price of the said vehicle and handed over the quotation to the complainant on that very day.  The complainant paid a sum of Rs.20,000/- to the opposite party towards the booking charge of the vehicle on the same day and on 22/07/2013, she further paid a sum of      Rs.3, 20,005/- to the opposite party. On receiving the said sum, the opposite party, being a dealer of Force Motors Ltd., placed order to the Force Motors Ltd. along with the entire consideration money of the vehicle.  Thereafter, on receiving the entire consideration money, Force Motors Ltd. dispatched the vehicle to the opposite party-dealer on 31/07/2013.  The complainant took delivery of the said vehicle from the opposite party on 14/08/2013 and on the same day, the vehicle was insured under a policy of National Insurance Company Ltd.  The complainant has not availed the first free-servicing as it is mandatorily required to be availed by the purchaser in order to keep the said vehicle in the condition as required to be kept and the manufactured of the said vehicle shall have no liability in the event of any defect that may arise during the use of said vehicle.  The second servicing of the said vehicle was availed by the complainant on 26/10/2013 and the third servicing was availed on 25/11/2013.  The other servicing was availed by the complainant from other sources i.e. Sri Automat Marketing Pvt. Ltd. but the said company has not been made a party in this case.  Further according to the opposite party the

Contd………………P/3

 

                                                           

                                                             ( 3 )

manufacturer of the vehicle is a necessary party in this case but the Force Motors Company Ltd. has not been made a party in this case. Petition of complaint is therefore liable to be rejected for non-joinder of necessary party.

Point for decision

                      Is the complainant entitled to get the reliefs, as sought for ?                      

Decision with reasons

In this case, neither the complainant nor the opposite party has adduced any sort of evidence, either oral or documentary.  Admittedly, the complainant purchased the vehicle in question from the opposite party-Mahabir Auto Distributors at a consideration of Rs.3,20,005/-.  The grievance of the complainant is that there is manufacturing defects in the said vehicle, so purchased by her for which she faced day to day problem with that vehicle and she had to repair the vehicle on paying cost of Rs.20,000/- on two occasions.  For such trouble and manufacturing defects, the complainant requested the opposite party either to return the consideration money or to replace the same with a new vehicle.  Since the opposite party refused to do so, hence the complaint praying for directing the opposite party to refund the consideration money of Rs.3,20,005/- and for other reliefs.  As against this, it is the case of the opposite party, as it appears from the written objection that he is a dealer of Force Motors Company Ltd. and being a dealer, opposite party is not liable for any manufacturing defects, if any, in the vehicle in question.  It appears that the complainant produced no expert opinion regarding such alleged manufacturing defects in the vehicle in question.  The complainant has also not made the manufacturer i.e. Force Motors Ltd. as party in this case in spite of receiving the written objection, so filed by the opposite party.  Since there is no iota of evidence regarding such alleged defects in the vehicle so it cannot be held that the vehicle in question suffers from any manufacturing defects.  Moreover, the manufacturer of the said vehicle in question has not been made a party in this case.  For these reasons the petition of compliant is liable to be dismissed.

                                                  Hence, it is,

                                                     Ordered,

                                                      that the complaint case no.105/2015  is

           hereby dismissed on contest but in the circumstances without cost.

                 Dictated & Corrected by me

                                Sd/-                                           Sd/-                                          Sd/-      

                           President                                    Member                                   President

                                                                                                                          District Forum

                                                                                                                      Paschim Medinipur

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