Date of Filing : 15.04.2023
Date of Disposal : 20.05.2024
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED:20.05.2024
PRESENT
Mr K B. SANGANNANAVAR: PRI. DIST & SESSIONS JUDGE (R)- I/C PRESIDENT
Mrs. DIVYASHREE M: LADY MEMBER
APPEAL NO.729/2023
1. Green City Motors
No.5883/36
B.H.Road, Tarikere
Chikkamagaluru District
2. Green City Motors
Benling Authorised Dealers
Near Old Railway Station
B.H.Road, Vidyanagar
Shimoga
Represented by its Proprietor
Mr. Santhosh C.C.
(By Mr A M Maheshwarappa, Advocate) Appellant
-Versus-
Mr. Sangamesh T.M.
Aged about 40 years
S/o Mr Mallikarjuna
Shivapura Village
Kudluru Post
Tarikere Taluk
Chikkamangaluru District Respondent
(By Mrs. T.K.Sumitramma, Advocate)
-:ORDER:-
Mr K B. SANGANNANAVAR: I/c PRESIDENT:
1. This is an Appeal filed under Section 41 of Consumer Protection Act, 2019 by OPs 1 and 2 aggrieved by the Order dated 30.11.2022 passed in Consumer Complaint No.67/2022 on the file of District Consumer Disputes Redressal Commission, Chilkkamagaluru (for short, the District Commission).
2. The Parties to this Appeal will be referred to as the rank assigned to them by the District Commission.
3. The Commission examined the grounds of Appeal, impugned order, Appeal papers and heard learned counsels.
4. Now to decide, whether the impugned order does call for any interference for the grounds set out in the Appeal Memorandum.
5. It is not in dispute that Complainant had purchased the Scooter for Rs.78,000/- from OP1. It is also not in dispute that OP2 is the dealer of OP1 located at Shimogga. The complainant raised a Consumer Compliant with a prayer to replace the scooter with new one and sought for damages incurred by him and damages of Rs.2 lakhs for rendering deficiency in service and mental agony.
6. The Commission admitted the complaint and ordered notice against OPs 1 and 2, since they failed to appear before are are declared ex-parte. The Commission held an enquiry, found a case in favour of complainant, thereby allowed the complaint in part and directed to deliver a new electronic scooter within one month from the date of order and to pay Rs.20,000/- towards deficiency in service along with cost of Rs.5,000/- and this amount shall carry interest at the rate of 9% per annum.
7. The contention of the Appellant before the Commission would be Manufacturer is not made a party and the complaint is not maintainable without impleading such party, but facts remain found from the enquiry that, the scooter was purchased from OP1, while OP2 is a dealer and their liability cannot be exonerated and their liability would be said joint and several. In such circumstances, we are of the view, that the Ops herein the complaint has to resolve their dispute with such manufacturer. In other words inter-se dispute between manufacturer and OPs 1 and 2 has to be resolved by them and complainant is nothing to do with the same, since scooter was purchased from Ops 1 and 2. However in the interest of Ops 1and 2, we further opine that, they are at liberty to recover the award amount and it is the bounden duty to replace the scooter purchased from OP1through OP2/dealer with the help of assistance of the manufacturer, since the defective scooter was manufactured by the said Company namely Ved Motors Pvt. Ltd., Guntur, Hyderabad. In such view of the matter, considering the date of purchase of the electronic scooter, for the sound reasons recorded by the District Commissions, we did not find any reasons to interfere in the impugned order. Hence, proceed to dismiss the Appeal with no order as to costs.
8. Amount in Deposit is directed to be transfer to the District Commission for the needful.
9. Send a copy of this Order to the District Commission and the parties concerned.
Lady Member I/c President
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