Jammu and Kashmir

Jammu

CC/520/2017

NITIN PRABHAKAR - Complainant(s)

Versus

NORTHHENED AUTOMATIVE PVT LTD - Opp.Party(s)

IMTIAZ HUSSAIN

14 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM JAMMU

(Constituted under J&K Consumer Protection Act 1987)

                                                          .

 Case File  No               147/DFJ           

 Date of  Institution       08/08/2017

 Date of Decision          10/02/2018

 

Nitin Prabhakar

S/O Sh.Sudharshan Prabhakar

R/O 33 C Gandow Ki Chawn

Near Eid Gah Road Jammu.

                                                                                                                                                Complainant

                      V/S

M/S Northend Automotive Pvt.Ltd.

Through its Manager Near BSNL Exchange

National Highway Gangyal Jammu J&K.

2.Suzuki Motorcycle India Pvt.Ltd.SMIPT

Plot No.1 Nelsen Mandela Marg Vasant Kunj II

New Delhi 110070.

                                                                                                                                                Opposite parties

CORAM

                  Khalil Choudhary              Distt.& Sessions Judge                President

                  Ms.Vijay Angral                                                                        Member

                  Mr.Ghulam Sarwar Chouhan                                                  Member

 

In the matter of  Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

      

 Mr.Imtiaz Hussain Advocate for complainant present.

Nemo for Ops .

 

                                                               ORDER

                        Grievance of complainant as disclosed in the complaint is that he purchased a Scooter Honda/Moped Model Swish bearing registration  No.JK02BM/5188 which was manufactured and sold by OP1 from its authorized dealer OP2 on 21/10/2015 copy of registration certificate Sales Certificate and Invoice are enclosed as Annexure A According to complainant the vehicle comes with two year manufacturing warranty which can be extended for further 3 years on payment of extended warranty purchase price which was availed  by him i.e. warranty of above said vehicle of complainant will expire on 20/10/ 2020 copy of warranty registration form is annexed as Annexure/B. Further allegation of complainant is that right from the date of purchase the vehicle in question started giving problems which was informed to OP1.but OP1 after checking the vehicle told that there is nothing in the vehicle and their mechanics/engineer were unable to found the fault and handed over the vehicle to complainant. Complainant further submitted that thereafter he found that the vehicle in question has some manufacturing defect due to which the vehicles engine made unwanted sounds and also jerks while riding the vehicle and has low pick up and it suddenly stops while on run he approached OP1 and asked them to rectify the defect in the said vehicle but the official of OP1 assured him that the vehicle is new and is under warranty and told him not to worry and ensured to remove all the defects at the time of availing of first service of the said vehicle. The complainant again approached OP1 and apprised them that the seal of the gear oil had been broken which their mechanics were unable to find like other defects and after repeated requests the seal was replaced and complainant also told that its battery had some problem due to which the self start is not working and complainant had to kick it to start the vehicle but OP1 was unable to find the fault. Complainant further submitted that he approached OP1 for availing first free service and requested them to remove all the defects and to ensure smooth plying of the vehicle but he found that the engine still vibrate and made unwanted sounds and exhaust its engine oil within a month and he had to fill the engine oil after three weeks or a month and the riding of the vehicle was not smooth and it stops  moving suddenly while on run and its engine make rattling sound. Moreover the vehicles pickup has been reduced but the engineers of OP1 failed to remove the defects. Complainant further submitted that he repeatedly approached OPs either to remove the defects in the said vehicle or to replace the vehicle but the Ops did not pay any heed to his request and this act of Ops constitutes deficiency in service and un fair trade practice. Hence the present complaint. In the final analysis complainant prays for either replacement of said vehicle with a new one or  refund of cost of vehicle i.e.Rs.54059/ alongwith Rs.5000/as RTO Charges and in addition prays for compensation to the tune of Rs.130000/ under different heads.

                             Notices were sent to the OPs alongwith copies of complaint through registered covers with acknowledgment due and as per record the notices were received by the Ops but they did not choose to represent their case in this Forum either to admit the claim of complainant or to deny the same within stipulated period provided under the Act so their right to file written version was closed vide order dated 04/10/2017 and complainant was ordered to produce evidence by way of affidavits in support of the complaint.

                 The complainant adduced evidence by way of duly sworn his own affidavit and affidavits of Kirpal Kumar and Sachin Prabhakar respectively. The complainant has placed on record  copy of certificate of registrationcopy of sales certificate  copy of vat invoice and copy of registration form.

                     We have perused the case file and also heard learned counsel appearing for the complainant.

               Briefly stated facts of the case are that; complainant had purchased a Scooter Honda/Moped Model Swish bearing registration  No.JK02BM5188 which was manufactured and sold by OP1 from its authorized dealer OP2 on 21/10/2015 and the vehicle comes with two year manufacturing warranty which can be extended for further 3 years on payment of extended warranty purchase price which was availed  by him i.e. warranty of above said vehicle of complainant will expire on 20/10/2020 copy of warranty registration form is annexed as Annexure/B. Further allegation of complainant is that right from the date of purchase the vehicle in question started giving problems which was informed to OP1.but OP1 after checking the vehicle told that there is nothing in the vehicle and their mechanics/engineer were unable to found the fault and handed over the vehicle to complainant. Complainant further submitted that thereafter he found that the vehicle in question has some manufacturing defect due to which the vehicles engine made unwanted sounds and also jerks while riding the vehicle and has low pick up and it suddenly stops while on run he approached OP1 and asked them to rectify the defect in the said vehicle but the official of OP1 assured him that the vehicle is new and is under warranty and told him not to worry and ensured to remove all the defects at the time of availing of first service of the said vehicle. The complainant again approached OP1 and apprised them that the seal of the gear oil had been broken which their mechanics were unable to find like other defects and after repeated requests the seal was replaced and complainant also told that its battery had some problem due to which the self start is not working and complainant had to kick it to start the vehicle but OP1 was unable to find the fault. Complainant further submitted that he approached OP1 for availing first free service and requested them to remove all the defects and to ensure smooth plying of the vehicle but he found that the engine still vibrate and made unwanted sounds and exhaust its engine oil within a month and he had to fill the engine oil after three weeks or a month and the riding of the vehicle was not smooth and it stops moving suddenly while on run and its engine make rattling sound. Moreover the vehicles pickup has been reduced, but the engineers of OP1 failed to remove the defects. Complainant further submitted that he repeatedly approached OPs either to remove the defects in the said vehicle or to replace the vehicle but the Ops did not pay any heed to his request and this act of Ops constitutes deficiency in service and un fair trade practice.

                       The complainant in his own duly sworn evidence affidavit and affidavits of Kirpal Kumar and Sachin Prabhakar respectively have supported the averments of the complaint. There is no evidence on record produced by other side to rebut the case of complainant. So from perusal of complaint documentary and other evidence produced by the complainant it appears that the complainant has succeeded in proving his case as narrated by him in the complaint. The complaint is fully supported by his own duly sworn affidavit and affidavits of Kirpal Kumar and Sachin Prabhakar respectively  so in the given circumstances of the case and in view of the evidence on record there is no reason to disbelieve the averments of complaint.

                      This is a case of deficiency in service. The OPs despite of service of notice sent by the Forum through registered cover have not taken any action to represent their case before this Forum either to admit the claim of complainant or to deny it so there is no reply filed by the Ops in this complaint and there is also no evidence to rebut the case of complainant. The present case of the complainant is covered by Section 11 2 b ii of the Consumer Protection Act1987  which provides that in a case where the OPs omits or fails to take any action to represent their case within the time given by Forum in that situation the Forum shall settle the consumer dispute on the basis of evidence brought to its notice by the complainant. Sub-clause (ii) of the Section 11 clearly provides that even where the OPs omits or fails to taken any action to represent their case before the Forum the dispute has still to be decided on the basis of evidence brought to its notice by the complainant.

                 After going through the whole case with the evidence on record what reveals here is the case of complainant is genuinely filed with speaking reasons and merit as being consumer as per the purport of section 2 d of Consumer Protection Act and Ops are the service providers having failed in their statutory duty to provide adequate and effective services. The purport of legislation is well defined and statutorily takes care of consumer rights and cannot legally afford to a situation like the one confronted herewith in a manner where they are deprived of their rights as of consumer. The consumers have to come forth and seek for redressal of their grievance. The case of the complainant is also genuinely filed for seeking determination of his right by this Forum.

                       Therefore in view of aforesaid discussion the complaint filed by the complainant for redressal of his grievance is allowed and opposite party No.2 is directed to either replace the vehicle with a new one of same price or refund Rs.54059/ i.e. the cost of scooter in question to the complainant. Complainant is also entitled to compensation of Rs.10000/ for causing unnecessary harassment and mental agony and litigation charges of Rs.5000/.The OP2 shall comply the order within one month from the date of receipt of this order. Copy of this order be provided to parties free of costs. The complaint is accordingly disposed of and file be consigned to records after its due compilation.

Order per President                                   Khalil Choudhary

                                                                 Distt.& Sessions Judge

                                                                     President

Announced                                            District Consumer Forum

10 /02/2018                                                        Jammu.

 

Agreed by                                                               

      

Ms.Vijay Angral          

  Member                                                                                              

.               

 Mr.Ghulam Sarwar Chauhan

Member