As per office report, record of the District Forum has been received.

          It was case of the complainant that from the date of purchase the car was under warranty. The rat entered into the cabin of the car and cut the wires of air conditioner, which resulted into damage of the said unit. It happened twice. Despite the car being within warranty, it was not repaired free of cost. The Forum when granting relief to the complainant observed as under :-

“10.    A perusal of the job sheet dated 30.9.2015 (Annexure C-2), issued by OP-1 only reveals that the complainant paid an amount of Rs.37,119/- for the repair of the AC blower.  Admittedly, vide Annexure C-3 again the same problem appeared in the AC blower.  Over Annexure C-3 it has been mentioned by OP-1 itself that the AC blower Assy and fresh mode switch wire needed replacement as they are eaten by the rat.  As per the case of the complainant, again a hefty amount was demanded by OP-1 for the required repairs.  We are of the opinion that again the demand of repair charges by OP-1 after ensuring appropriate repairs by charging an amount of Rs.37,119/- vide Annexure C-2 proves that it was negligent in providing service to the AC of the vehicle in question because after such repair, there must not have been any occasion for the same kind of fault/defect as reported by it over Annexure C-3.  The defence taken by OP-1 that it does not have any manufacturing defect is not corroborated by any authentic evidence.  As OP-1 charged hefty amount of Rs.37,119/- for the repairs, it was its duty to ensure that again the complainant/consumer will not face the same kind of situation by providing wire mesh over the air ducts of the vehicle to stop the entry of rodents/rats or making any other necessary arrangements so that the same fault does not re-occur, but, it miserably failed to do so.

11.        Pertinently, the literature provided by OP-2 regarding the specification of the vehicle in question does not show that the AC blower is not covered under warranty.  Also it has not been provided that which kind of measures have been taken by the manufacturing company to stop the entry of foreign elements/rodents/rats in the vehicle.  The complainant trusting the brand only spent his hard earned money to make himself and his family comfortable, but, in the present case, he had to time and again face a lot of harassment and mental tension and suffer monetary loss.  Hence the act of OPs in non-repairing the AC deliberately and intentionally vide Annexure C-3, under warranty, despite charging money for repair of the AC of the vehicle in question vide Annexure C-2, proves deficiency in service and indulgence in unfair trade practice on their part which certainly caused mental and physical harassment to the complainant.”

          We are of the opinion that view taken by the Forum is perfectly justified. It is not expected that in a new car, the rats could enter. If it is so, definitely there was some manufacturing defect. The Forum was rightly said so.

          In view of above, this appeal stands dismissed.

          Certified copies of this order be sent to the parties, free of charge.