Haryana

StateCommission

RP/77/2015

Joshi Automotives Private Limited - Complainant(s)

Versus

Rohit Dhiman - Opp.Party(s)

17 Nov 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No  : 77 of 2015

Date of Institution      : 30.09.2015

Date of Decision        : 17.11.2015

 

Joshi Automotives Private Limited, Harmony Honda, Plot No.67, Industrial Area, PH-2, Chandigarh.

                                      Petitioner/Opposite Party No.4

Versus

1.      Rohit Dhiman s/o Sh. Prem Kumar, Resident of House No.711, Sector 5, Urban Estate, Kurukshetra.

                                      Respondent/Complainant

2.      Kishiv Motors Private Limited near Umri Chowk, NH-1, GT Road, Kurukshetra.

3.      Honda Cars India Limited, Plot No.A-1, Sector 40-41, Surajpur Kansa Road, Greater Noida Industrial Development Area, District Gautam Budh Nagar (U.P.)-201306.

4.      Honda Cars India Limited, Registered Office, 409, Tower B, DLF Commercial Complex, Jasola, New Delhi-110025.

5.      IFFCO-Tokio General Insurance Company Limited, IFFCO Tower, 4^th & 5^th Floor, Plot No.3, Sector-29, Gurgaon.

Respondents/Opposite Parties No.1 to 3 & 5

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                         

Present:               Shri Rajesh Verma, Advocate for petitioner.

Dr. A.N. Manocha, Advocate for respondent No.1.

Shri S.R. Bansal, Advocate for respondent No.2.

Shri Manjit Singh, Advocate for respondents No.3 and 4.

Shri Ravinder Arora, Advocate for respondent No.5.

                              

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

This revision petition has been preferred against the order dated August 28^th, 2015 passed by District Consumer Disputes Redressal Forum, Kurukshetra (for short ‘the District Forum’) in Complaint No.119 of 2015.

2.      Rohit Dhiman-Complainant/respondent No.1, purchased a Honda City 1.5 SV MT (I-VTEC) car bearing Engine No.L15Z12201169, Chassis No.MAKGM653BF4100073 from Joshi Automotives Private Limited-Petitioner/opposite party No.4 on February 13^th, 2015 for Rs.8,87,501. On April 15^th, 2015 the car was being driven in the area of Kurukshetra. Due to rainfall, the road was submerged with water.  Suddenly, complainant’s car stopped on the road due to water. He tried to start the car but in vain.  The car was taken to workshop where it was stated that neither there was manufacturing defect in the car nor any accidental damage to it, so the repair of the car was not covered either under the warranty or insurance.

3.      The complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 against the petitioner and respondents No.2 to 5.

4.      During the hearing of the complaint, the District Forum vide interim impugned order directed the opposite parties as under:-

“At this stage, the question cannot be decided as to whether there is manufacturing defect in the vehicle or it is otherwise. However, the opposite parties No.2 to 4 are directed to carry out the repairs that may be necessary to make the vehicle roadworthy. At this stage, responsibility of opposite party No.5 which is insurer of the vehicle in question is not fixed. However, opposite party No.1 shall repair the vehicle in question and opposite party No.4 shall indemnify for the expenses incurred by opposite party No.1 on completion of repairs. The opposite party No.1 may submit the bill to opposite party No.4 to be paid by opposite party No.4 to opposite party No.1. The opposite party No.1 will not claim any parking charges from the complainant. However, one copy of the bill may be submitted before this Forum immediately. Of course, opposite party No.1 will also inform to the complainant with regard to repairs carried out by it. The application for interim relief moved by the complainant stands disposed of accordingly.”

5.      Indisputably, unless and until there is finding that the car is having either a manufacturing defect or accidental damage, neither the manufacturer nor the Insurance Company can be saddled with the liability, at this stage. Therefore, the order of the District Forum cannot sustain and the same is hereby set aside.

6.      However, it would be appropriate to direct the Direct the District Forum to dispose of the complaint within two months from the date of receipt of this order, under intimation to this Commission. 

7.      It is stated by the parties that the next date of hearing before the District Forum is 22.12.2015. However, the District Forum shall pre-pone the hearing to 24.11.2015 on which date the parties shall appear before the District Forum. The period of two months shall be counted from that date.

8.      The revision petition stands disposed of.

9.      Record of the District Forum alongwith copy of this order be sent forthwith.

 

Announced 17.11.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL