DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GURGAON-122001.
Consumer Complaint No: 889 of 2010. Date of stitution: 15.11.2010 Date of Decision: 04.09.2015.
Sube Singh s/o Sh. Pyare Lal, R/o Village Baghanki, Tehsil Manesar.
……Complainant.
Versus
- (i) Maruti Udyog Ltd, Old Delhi Road, Gurgaon through its Managing Director/Director/Authorized Signatory.
(ii) Maruti Suzuki India Ltd, Nelson Mandela Road, Basant Kunj, New Delhi-110070 through its Managing Director/Director/Authorized Signatory.
- Vipul Motors Pvt. Ltd, Showroom & Workshop : 504, Udyog Vihar, Phase-III, Dundahera, Gurgaon, Haryana through its Managing Director/Director/Authorized Signatory
..Opposite party
Complaint under Sections 12 & 14 of Consumer Protection Act,1986
BEFORE: SH.SUBHASH GOYAL, PRESIDENT.
SMT JYOTI SIWACH, MEMBER
SH.SURENDER SINGH BALYAN, MEMBER.
Present: Sh. R.P.Yadav, Adv. for the complainant.
Shri Rajesh Bodwal, Adv for the opposite party No1.
Representative of OP-2
ORDER SUBHASH GOYAL, PRESIDENT.
The case of the complainant, in brief, is that he has purchased Maruti Alto LXI Car bearing Regd. No.HR-26-AT- 3626. On 28.08.2010 the son of the complainant namely Manoj Kumar was driving the said car and was coming from his village Baghanki to Gurgaon. When at about 4.00 pm he reached near village Sikohpur on NH-8 the said car suddenly burnt due to short circuiting of the wires and Mr. Manoj Kumar died due to the burning of the car. The above said accident has occurred due to the manufacturing defect in the vehicle as well as in the wires. The complainant requested the opposite parties many times either to give him new Alto Car or to pay its cost as the car burnt due to manufacturing defect but the opposite parties have not acceded his request. Thus, the above said act of the opposite parties amounts to deficiency of service on their part. He prayed that the opposite parties directed either to give new Alto Car or to make the payment of cost of the said car along with interest @ 15 % p.a. and to pay Rs.20,000/- as compensation for harassment and mental and to pay Rs.1000/- per day for hiring other vehicle. The complaint is supported with an affidavit and the documents placed on file.
2 OP-the manufacturer i.e. Maruti Suzuki has alleged in their written reply that the vehicle in question met with alleged fire accident on 28.08.2010 after expiry of warranty period. During the warranty period the complainant obtained major accidental repairs and was very negligent in proper maintenance of vehicle. The complainant’s car was fitted with Non MGA speakers in dicky and was attended by unauthorized mechanics. The complainant’s car last visited the authorized workshop on 06.02.2010 for paid service i.e. 6 months prior to alleged fire. The alleged fire in the car was not due to any kind of manufacturing defect as alleged by the complainant. The complainant has not informed the OP on happening of alleged accident nor produced any inspection report carried out by the competent person giving reasons of said accident. There was no manufacturing defect in the vehicle. The vehicle in question has undergone 1st, 2nd & 3rd free inspection services on 03.10.2008 at 1828 kms, on 05.12.2008 at 4294 kms and on 13.07.2009 at 10916 kms respectively. The complainant has also obtained 4th paid service on 06.02.2010 at 16837 kms. Had there been any kind of manufacturing defect the vehicle could not have completed the first service. The vehicle in question was free from any kind of defect and the alleged fire occurred due to some external source. Thus, there was no deficiency of service on the part of the OP.
3 OP-2 Vipul Motors Pvt. Ltd has alleged in its written reply that there has been no deficiency of service on the part of the OP who has rendered proper service during one visit of the customer to this workshop on 05.12.2008 and the job card indicate about the same nor there is any complaint of defective service rendered. It is denied that the said car had any manufacturing defect since the car was delivered in perfect condition.
4 We have heard the learned counsel for the parties and perused the record available on file.
5 Therefore, from the facts and circumstances of the case, evidence on the file and the arguments advanced by the learned counsel for the parties, it emerges that the complainant has filed the present complaint against the OP alleging deficiency of service on their part on the ground that he has purchased Martui Alto LXI in the month of Sept, 2008 and registration number of said car was HR-26-AT-3626 and when on 28.08.2010 the son of complainant namely Manoj Kumar reached at village Sikohpur on NH-8 around 4.00 pm then the said car developed short circuit and Manoj Kumar was burnt in the said car due to the injuries suffered in the burning car. The complainant asked the opposite parties to pay compensation as there was manufacturing defect in the said car. On the aforesaid allegations the complainant has sought payment of the said car along with compensation.
6 However, as per the contention of the opposite parties the said car met a fire accident on 28.08.2010 after the expiry of the warranty period and during the warranty period the complainant had obtained major accidental repairs and the said car was also attended by unauthorized mechanics. The said car last visited the authorized service station of the OP on 06.02.2010 and the accident of fire has taken place on account of some external reasons and not on account of any defect in the said car. It is also contended that in the absence of motor mechanic report it cannot be assumed that there was any manufacturing defect. To substantiate their arguments learned counsel for the opposite parties have placed reliance on Sushila Automobles Pvt. Ltd Vs Dr. Birendra Narain Prasad & Ors in RP No.1652 of 2006 decided by Hon’ble National Commission on 07.05.2010, Himgiri Motors Vs Ram Mehar Singh Kundu (Haryana State Commission, Panchkula).
7 Therefore, after going through the facts and evidence placed on file by the parties, there is no dispute that Manoj Kumar who was driving the Car No.HR-26-AT-3626 died in the said car when the said car caught fire on 28.08.2010 at around 4.00 pm and DDR No.38 dated 29.08.2010 P.S.Kherki Daula, Gurgaon to this effect was recorded. The said car was insured with National Insurance Company Ltd (who has not been impleaded as a party in this complaint). It has also been brought to the notice of this Forum that legal representative of Manoj Kumar deceased filed MACT Petition No.101 of 27.02.2010 and the said claim petition has been decided by learned MACT on 30.04.2011 and has awarded compensation in favour of claimants while holding the insurance company liable to indemnify the loss. However, the complainant has not impleaded the insurance company with whom the said car was insured for the reasons best known to him.
8 It is pertinent to mention here that there is absolutely no evidence in the form of any mechanical report from motor mechanic engineer in order to ascertain any manufacturing defect in the said car. It is again pertinent to mention here that in the said Award dated 30.04.2011 passed by learned MACT, Gurgaon the factum of any manufacturing defect has neither been pleaded nor has been adjudicated upon. Therefore, there is absolutely no evidence on the file in order to come to the conclusion that there was any manufacturing defect in the said car.
9 Moreover, said car was purchased on 07.08.2008 from OP-2 and the accident took place on 28.08.2010 i.e. after the expiry of more than two years and as such on the date of accident the said car was beyond the period of warranty. Therefore, considering from any angle we are inclined to hold that there was no deficiency of service on the part of the opposite parties and as such the complaint is hereby dismissed against the opposite parties. However, the complainant is at liberty to pursue his remedy before the appropriate Court/Tribunal. The parties concerned be communicated of the order accordingly and the file be consigned to the records after due compliance.
Announced (Subhash Goyal)
04.09.2015 President,
District Consumer Disputes
Redressal Forum, Gurgaon
(Jyoti Siwach) (Surender Singh Balyan)
Member Member
