Tamil Nadu

South Chennai

CC/472/2015

Mr.V.Satheesh Kumar - Complainant(s)

Versus

M/s.Avenue Nissan - Opp.Party(s)

G.Narmadha

16 Feb 2018

ORDER

                                                                        Date of Filing :  17.12.2015 

                                                                        Date of Order :  16.02.2018

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

           DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.472/2015

 FRIDAY THIS  16^TH  DAY OF FEBRUARY 2018

 

Mr. V.Satheesh Kumar,

No.162, Sadras East,

DAE Township,

Kalpakkam,

Pincode 603 102.                                                                     .. Complainant

                                                       ..Vs..

 

1. M/s. Avenue Nissan,

Rep. by its Manager,

67, Developers Plot (SP),

Near Vavin Junction,

Industrial Estate,

Ambattur,

Chennai 600 058.

 

2. M/s. Srinivasa Cars Private Limited,

Rep. by its Manager,

Regd. Office 133, Velachery Main Road,

Guindy, Chennai 600 032.                                    .. Opposite parties.

 

Counsel for Complainant         :    M/s. V.Ravi & R.Jayanthi     

Counsel for opposite parties    :    Exparte.

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to replace the faulty clutch and gear box in the complaint mentioned car and also to pay a sum of Rs.3,00,000/- towards compensation for negligence and to pay cost of the compliant.

1. The averment of the complaint in brief are as follows:

         The complainant submit that  he purchased  Nissan Micra Active XV car from the 2^nd opposite party on 19.8.2013 after duly booking the car on 12.8.2013. Further the complainant state that from the date of purchase the gear shaft Rod and one horn were always in fault and not functioned properly.  Whenever the car was sent for service the said defects were duly informed to the opposite parties.  But the opposite parties never rectified the defects and the defects are still continuing.    The complainant made repeated demands regarding the said defects.  Even then the opposite parties has not come forward to rectify the defects.   Hence the complainant issued legal notice 16.12.2014 for which the opposite parties sent a reply dated 27.12.2014.  As such the act of the opposite party clearly amounts to gross deficiency in service and thereby caused harassment, mental agony and hardship to the complainant.  Hence the complaint is filed.

2.     Inspite of receipt of notice the opposite parties did not appear before this forum and therefore the opposite parties were set exparte.  

3.     Though the opposite parties remained exparte this Forum wants to dispose this compliant fully on merits with available materials records before this forum. 

4.     In such circumstances, in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to  Ex.A24  are marked. 

5.   The points for the consideration is: 

1. Whether the  opposite parties are liable to replace the clutch and gear box in the compliant mentioned  car as prayed for ?

 

2. Whether the complainant is entitled to a sum of Rs.3,00,000/- as compensation  for loss and injury with cost as prayed for ?

 

6. POINTS 1 & 2:

          The complainant filed his written argument.   Perused the records (viz)complaint, proof affidavit of complainant and documents.   The complainant pleaded and contended that he purchased  Nissan Micra Active XV car from the 2^nd opposite party on 19.8.2013 after duly booking the car on 12.8.2013 as per Ex.A1 to Ex.A4.    Further the complainant pleaded and contended that from the date of purchase the gear shaft Rod and one horn were always fault and not functioned properly.  Whenever the car was sent for service the said defects were duly informed to the opposite parties.  But the opposite parties never rectified the defects and the defects are still continuing.  Ex.A5 to Ex.A11 are service report.  The complainant made repeated complaint regarding the said defects and claimed for due rectification.  Even then the opposite parties has not come forward to rectify the defects.   Hence the complainant issued legal notice Ex.A13 on 16.12.2014 for which the opposite parties sent a reply dated 27.12.2014.  But the opposite parties has not appeared before this forum and remained exparte.  Further the learned counsel for the complainant contended that due to the deficiency of service of the opposite parties the complainant is put to great hard ship and therefore   the complainant is to replace the gear box assembly and   clutch since the saidpart of the car had manufacturing defect.  Considering the facts and circumstances of the case this forum is of the  considered view that the opposite parties 1 & 2 are jointly and severally liable  to replace the faulty clutch and gear box assembly in the complaint mentioned car and also shall pay compensation of Rs.15,000/- for mental agony with cost of Rs.5,000/- and the points are answered accordingly.

In the result the complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable  to replace the faulty clutch and gear box assembly in the complaint mentioned car and also shall pay compensation of Rs.15,000/- (Rupees fifteen thousand only) for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant. 

The above  amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

          Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  16^th  day  of  February  2018. 

 

 MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1- 12.8.2013  - Copy of sales order booking form.

Ex.A2- 17.8.2013  - Copy of Tax invoice.

Ex.A3- 19.8.2013 - Copy of delivery of car / Gate pass.

Ex.A4- 19.8.2013 - Copy of delivery note details.

Ex.A5- 6.9.2013    - Copy of service vehicle inspection sheet.

Ex.A6- 9.1.2014    - Copy of service vehicle inspection sheet.

Ex.A7- 26.2.2014  - Copy of service vehicle inspection sheet.

Ex.A8- 19.3.2014  - Copy of service vehicle inspection sheet.

Ex.A9- 21.6.2014  - Copy of service vehicle inspection sheet.

Ex.A10-25.7.2014 - Copy of service vehicle inspection sheet.

Ex.A11- 5.11.2014         - Copy of service vehicle inspection sheet.

Ex.A12- 16.12.2014- Copy of email.

Ex.A13- 16.12.2014- Copy of legal notice.

Ex.A14- 27.12.2014 – Copy of reply notice.

Ex.A15- 3.1.2015     - Copy of email extract.

Ex.A16- 8.1.2015    - Copy of letter from 2^nd opp. Party.

Ex.A17- 9.1.2015    - Copy of letter from complainant to 1^st opp. Party.

Ex.A18- 10.1.2015   - Copy of letter from the complainant to 1^st opp. Party.

Ex.A19- 16.1.2015           - Copy of letter from the complainant to 1^st opp. Party.

Ex.A20-28.1.2015 -  Copy of letter from the opposite party to complainant.

Ex.A21- 3.2.2015  -   Copy of letter from 1^st opp. Party to complainant.

Ex.A22- 11.2.2015         -   Copy of service vehicle inspection sheet.

Ex.A23- 16.2.2015         -   Copy of Gate pass.

Ex.A24- 7.7.2015  -   Copy of legal notice. 

Opposite party’s side document: -    Nil..

 

MEMBER-I                         MEMBER-II                             PRESIDENT.