DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C.NO.43 OF 2017
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member .
Sri Purna Chandra Tripathy - Member .
Sri Monoj Kumar Sahoo, aged – 36 years
S/O: Gajendranath Sahoo At Old L.I.C Colony
PO: Phulbani PS: Phulbani Town Dist: Kandhamal ………………….. Complainant.
Versus.
1. Proprietor, M/S- Anjali Motors.
Authorized Sub- Dealer, Yamaha Motors,
At/PO/PS: Hatapada, Phulbani Town
Dist- Kandhamal -762001.
2. M/S Utkal Automobiles Ltd.
Authorized Dealer, Yamaha Motors
At- Unit-111, Kharvela Nagar
PO: Bhubaneswar Dist: Khurda
3. Yamaha Motors India Pvt. Ltd.
Regd Office- At/PO- TVH Beliciaa Tower-1,
6th Floor, Block No.94, MRC Nagar,
State- Chennai- 600028. …………………………….. OPP. Parties.
For the Complainant: Sri Prakash Kumar Patra, Advocate and his associates
For the OPP. Parties: None.
Date of Order: 30-12-2017
O R D E R
The case of the Complainant in brief is that he had purchased a vehicle namely Yamaha Fascino on 14-09-2016 from O.P No.1. The same was registered bearing Regd No. OD-12-A-4299. On 14 -10-2016 on the date of first service the Complainant intimated the O.P No.1 about low
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mileage which was 25 Km per liter. The O.P No.1 assured that the mileage of the vehicle will be increased after 2 or 3 services. In the mean time 6 numbers of servicing has been completed within the specified time as per the manufacturer manual but the mileage problem was not solved for which he approached the O.P no.1 repeatedly . On 15-10-2017 the last service was done which was paid service and he has paid Rs. 80/- for a mileage test as per advice of O.P No.1 & 2 and the mileage test was conducted. The mileage of the vehicle was 32 kilometers per liter as per the opinion of the O.P No.1. The mileage of the vehicle is too low for which, he has suffered to the tune of Rs. 18,379/- by purchasing more fuel for the vehicle. As per the manufacturer manual, the mileage of the vehicle is 66 Km per liter. So, it is proved that there is manufacturing defect in the vehicle. The O.P failed to rectify the defects in spite of several request which amounts to deficiency in service on his part. Hence, this complaint was filed by him for a direction to the O.P to give a new vehicle and to pay Rs. 18,379/- towards the cost of excess fuel consumption along with compensation of Rs. 20,000/- and Rs. 5,000/- towards litigation cost.
All the O. Ps were set exparte as they failed to attend this Forum to contest the case. The O.P no.2 had refused to receive the notice as per the remarks of the postal department.
We have heard the Complainant and the learned counsel appearing on behalf of him. We have gone through the complaint petition and the documents filed in support of his case. It is seen from the service record that the Complainant has purchased the vehicle bearing Engine No.E3N8EO322748 on 14-09-2016 from the O.P no.1. It is also seen from the specifications that the mileage of the vehicle is 66 km per liter. It is clear from the service record that 6 servicing were completed before filing of this case. It reveals from the report dated 05-10-2017 of the O.P No.1 vide Annexure-4 that mileage of the vehicle was 32 km per liter after servicing .So, it is crystal clear that the mileage of the vehicle was very less then the stipulated mileage given by the Company.
In the above circumstances, the complaint filed by the Complainant is allowed exparte against the Opp. Parties. It is the responsibility of the Opp. Parties to rectify the defect permanently. Hence all the Opp. Parties are jointly and severally directed to rectify the aforesaid defect of the vehicle permanently within 30 days from the date of receipt of this order and to pay compensation of Rs. 10,000/- towards the financial loss and mental agony of the Complainant. In case of failure the Opp. Parties are jointly and severally directed to replace the above vehicle or to pay the sale price of the vehicle to the Complainant within 30 days from the date of receipt of this order.
With the above direction the C.C is disposed of. Supply free copy of this order to both the parties at an early date.
MEMBER MEMBER PRESIDENT
