Telangana

Khammam

CC/56/2016

Podduthuri Durga Anand S/o.Chinna Raju, Age 24 yrs, Student, H.No.13-5-115, Ashok Naga, Kotha Colony, Bhadrachalam - Complainant(s)

Versus

Rangaraya TVS Show Room, Bhadrachalam Branch Manager, R/O.OPP Jr College Groundm ITDA Road, Bhadrach - Opp.Party(s)

Sri.M.Ramadasu

29 May 2018

ORDER

BEFORE THE DISTRICT CONSUMER FORUM AT KHAMMAM

 

Dated this, the 29^th day of May,2018.

 

          CORAM:     1. Sri. P. Madhav Raja, _{B.Sc., M.Li.Sc., LL.M.,}– President

2. Sri. R. Kiran Kumar_{, B.Sc., LL.M.} – Member

     

C.C. No. 56/2016

Between:

 

Poduthuri Durganand, S/o. Chinna Raju, Age: 24 years,

Occu: Student, R/o. H.No.13-5-115, Ashok Nagar, Kotha Colony,

Bhadrachalam, Khammam District, Telangana State.        …Complainant

 

And

         

1. Rangaraya TVS Showroom, Bhadrachalam Branch Manager,

R/o. Opp: Junior College Ground, ITDA Road, Bhadrachalam, Khammam District, Rep. by Sub-Dealer in Bhadrachalam TVS Showroom.

 

2. Rangaraya TVS Showroom, Khammam Branch, D.No.5-1-1/2, Wyra Road, Khammam Town and District,  Rep. by its Authorized Dealer in Rangaraya TVS Showroom.

 

3. Rangaraya TVS Showroom, Main Branch, TVS Motor Company Ltd.,

Door No.D-19, 302, 3^rd Floor, Gayathri Arcade Vikrampuri,

Secunderabad, Rep. by its Head of the Dealer in Telangana State

Head of the TVS Motor Co. Ltd.

 

4. TVS Motor Company, Rep. by its M.D. Post Box. No.1, Bythahalli, Kadakola Post, Mysore-571311, Karnataka State.

                                                                         …Opposite parties

 

This C.C. is coming on before us for final hearing in the presence of Sri.M.Ramadasu, Advocate for Complainant; and of Sri G.Satya Prasad, Advocate for Opposite Parties 1 to 4; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following order;

 

 

O R D E R

(Per Sri. R. Kiran Kumar, Member)

 

 

This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. 

 

2.       The averments made in the complaint are that the complainant is residing at Bhadrachalam and he had purchased TVS Apache RTR 160 CC bike motor dated:09-02-2015 vehicle cost of Rs.83,000/- from Opposite Party No.1.  The complainant submitted that the Opposite Party No.1 gave one year warranty, he got registration vide bearing No.TS04EE0629 and paid an amount of Rs.40,000/- towards down payment and got Finance through Opposite Party No.1 for an amount of Rs.43,000/-.  After purchase of three (3) days i.e. on 12-02-2015 complainant’s vehicle got starting problem, he handed over the vehicle to Opposite Party No.1, on that the Opposite Party No.1 cleared the problem on the same day and collected Rs.3,000/- towards service charges.  The complainant further submitted that his vehicle got the same problem again and again within in the guarantee period, for that he handed over the vehicle to the Opposite Party No.1.  As the Opposite Party No.1 failed to clear the problem and not handed over the vehicle to the complainant, for that he got issued Legal Notice on 17-03-2016 demanding the Opposite Party No.1 to change the vehicle or to exchange the new engine, on that the Opposite Party No.1 gave reply stating that “vehicle ready, please to take that”.   The complainant further submitted that because of the attitude of Opposite Parties, he suffer lot of pain suffering and mental agony, as such they are liable to make payment of Rs.75,203/- with interest @24% P.A.

 

3.       On behalf of the complainant, the complainant filed the following documents and the same were marked as Exs.A-1 to A-9.

 

Ex.A.1         :- is the Bill for an amount of Rs.32,000/- dated:09-02-2015.

Ex.A.2:- is the photocopy of Service Activation Card dated:04-02-2015.

Ex.A.3         :- is the photocopy of Temporary Certificate of Registration

Ex.A.4:- is the photocopy of Legal Notice dated:17-03-2016.

Ex.A.5         :- is the photocopy of Office copy of Legal Notice

    dated:30-04-2016.

Ex.A.6:- is the photocopy of service labour invoice,dated:04-05-2016.

Ex.A.7         :- is the photocopy of service activation card and warranty and

             service.

Ex.A.8:- is the photocopy of reply given by Opposite Party No.1

             dated:22-03-2016

Ex.A.9         :- is the photocopy of Reminder-1 given by Opposite Party No.1

             dated:26-03-2016.

Ex.A-10:1 is the Reminder -2 given Opposite Party No.1

            dated:31-03-2016.

 

 

4.      On receipt of notice the Opposite Parties 1 to 4 appeared through their counsel and filed Counter.  In their Counter, the Opposite Parties submitted that the Opposite Party No.4 is a manufacturer of powered two wheeler and other automotive products and manufacturers two wheelers at their factory with good Industry practice.  The two wheelers manufactured at the factory used to pass through various tests and through analysis such as quality of components, engine alignment, engine function, components assemblies, electromechanical parts chocks, ride tests etc.  The Opposite Party No.4 further submitted that the two wheeler manufactured by them are sold “on Principal to Principal basis” to its various dealers across the Country, the Opposite Parties 1 and 2 are such declares, they are not the Agents of the Opposite Party No.4 and they act as their own behest and behalf, for which the Opposite Party No.4 is not liable.  The Opposite Party No.4 further submitted that there is no role on their part and incase of only manufacturing defect, defective components should be replaced free of cost during the warranty period.  The Opposite Party No.4 further submitted that no evidence has not furnished by the complainant to establish any alleged manufacturing defect and the onus is on the complainant to prove that there exists a manufacturing defect, which is not reparable and the present complaint does not disclose what is the manufacturing defect, which has not been attended to by the Opposite Parties, hence prayed to dismiss the complaint.

 

The Opposite Party No.4 further submitted that Owners User Manual along with the vehicle, in which the user of the motor vehicle is guided through various information, the said TVS Apache RTR 160 CC Bike comes with a warranty up to (24) months from the date of purchase or during the first 30,000 Kilometers of run, whichever is earlier.  A copy of the warranty manual is enclosed.  The Opposite Party No.4 further submitted that the complainant breached the terms of warranty, after 4^th service availed on           12-08-2015, failed to report for the 5^th and 6^th free service. The complainant also submitted that on 28-12-2015 when the vehicle had completed 16728 Kilometers, the complainant reported the vehicle at the Authorized Service Centre of Opposite Party No.2 for general service and engine voice.  And also submitted that the Opposite Party No.2 continued providing warranty solely on good will even for later services availed on 19-02-2016 and 18-03-2016 and after that the vehicle has been not reported for service.  The Opposite Party No.4 further submitted that the complainant has suppressed the fact that M/s.TVS Credit Services Ltd., a Non Banking Financial Company, has seized the said vehicle from the dealership for non-payment of EMIs, by the complainant therefore the matter is between the customer and the Finance Company TVS-Cs and the Opposite Party No.4 is not involved in any manner, what so ever in the alleged incident and the matter is not concerned to manufacturing defect or deficiency in service on the part of Opposite Party No.4, as such prayed to dismiss the complaint.

 

5.      On behalf of Opposite Party No.4 the following documents were filed and marked as Ex.B-1 to B-2.

Ex.B-1 :- is the Authorization letter dated:08-12-2016 issued by TVS

             Motor Co.Ltd.

Ex.B-2 :- is the certified true copy of extract of Resolution of TVS Motor Company dt:02-01-2016.  

            

 

6.      Written Arguments of both parties not filed.

7.      Upon perusing the material papers available on record, now the point that arose for consideration is

Whether there is any deficiency in service on the part of Opposite Parties?

 

Point:-

It is the case of the complainant is that he had purchased TVS Apache RTR 160 CC bike manufactured by the Opposite Party No.4 availing finance amount of Rs.43,000/- through Opposite Party No.1.  After three (3) days of purchase i.e. on 12-02-2015 complainant got vehicle starting problem, immediately he informed the same to the Opposite Party No.1 and handed over the vehicle to the Opposite Party No.1.  According to the complainant, the problem of the bike raised again and again, but the same was not rectified by the Opposite Parties and they did not handed over the vehicle to the complainant.  And also complainant got issued legal notice on 17-03-2016 requesting to change the vehicle or to exchange the new engine, but the Opposite Party No.1 gave reply mentioned that “vehicle ready please take that”.  According to the complainant as this Opposite Parties failed to rectify the problem in engine he approached the Forum for redressal. 

         

From the documents and material available on record we observed that the complainant purchased a new vehicle and the same was financed through Opposite Party No.1.  And also as per the complainant, when his vehicle giving starting problem, he approached the Opposite Party No.1 for rectifying the problem and the Opposite Party No.1 rectified the same. As per Ex.A-2 to A-7, service company there is no mention about  the problem faced the complaint in his bike, and also we observed that as per Ex.A-8 to A-10 the Opposite Party No.1 sent reminders to the complainant stating that “All your complaints raised by you regarding Apache vehicle  have been attended and rectified”

Request you to collect our vehicle from our dealership as soon as possible.

 

From these reminders sent by the opposite party No.1, it is clear that even after receipt of the above the complainant failed to approach the Opposite Party No.1 workshop to verify the condition of the vehicle.  It is the contention of the Opposite Party No.4 is that M/s.TVS Credit Services Ltd. has seized the vehicle from the dealer for non payment of EMIs by the complainant and the complainant failed to disclose the real facts and matter is not concerned to the manufacturing defect or deficiency of service.  And also we observed that the complainant failed to take steps to prove his case through an expert about the manufacturing defect of his vehicle.  In the absence of expert opinion we cannot attribute any deficiency of service against the Opposite Parties, as such this point is answered accordingly against the complainant.  In 1 (2018) CPJ 425 (NC) wherein the Hon’ble National Commission observed that “Petitioner has failed to place on record any job cards regarding free service given to him is also for visits for getting vehicle repaired – He has also failed to place on record any expert opinion regarding alleged manufacturing defect in his vehicle – Deficiency not proved”.  Similarly case on hand the complainant failed to produce any documentary evidence or expert opinion to prove his case.  In the absence of documentary evidence we cannot attribute any deficiency in service against the opposite parties as such this point is answered accordingly against the complainant.

8.      In the result, the complaint is dismissed.  No costs.

(Dictated to the Stenographer, typed by her, corrected and pronounced by us in the open forum, on this the 29^th day of May, 2018.)

 

 

 

      Member                  President             

District Consumer Forum,

Khammam.

 

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Complainant                                                    For Opposite parties   

       -None-                                                                       -None-

DOCUMENTS MARKED

For Complainant                                                    For Opposite parties

  

Ex.A.1:-	is the Bill for an amount of Rs.32,000/- dated:09-02-2015.	Ex.B1:-	is the Authorization letter dated:08-12-2016 issued by TVS Motor Co.Ltd.
Ex.A.2:-	is the photocopy of Service Activation Card dated:04-02-2015.	Ex.B2:-	is the certified true copy of extract of Resolution of TVS Motor Company dt:02-01-2016.
Ex.A.3:-	is the photocopy of Temporary Certificate of Registration.		-
Ex.A.4:-	is the photocopy of Legal Notice dated:17-03-2016.		-
Ex.A.5:-	is the photocopy of Office copy of Legal Notice dated:30-04-2016.		-
Ex.A.6:-	is the photocopy of service labour invoice,dated:04-05-2016.
Ex.A.7:-	is the photocopy of service activation card and warranty and service.
Ex.A.8:-	is the photocopy of reply given by Opposite Party No.1 dated:22-03-2016
Ex.A.9:-	is the photocopy of Reminder-1 given by Opposite Party No.1              dated:26-03-2016.
Ex.A.10:-	is the Reminder -2 given Opposite Party No.1 dated:31-03-2016.

  

Member                     President             

District Consumer Forum,      Khammam.