Sri Devakumar.M.C.

Member

1.     The complainant has filed the complaint under section 12 of the C.P.Act 1986 against the opposite parties, seeking a direction to replace the defective car with new defect free car or to refund the entire price of the car i.e. `6,22,393/- along with 18% interest and compensation for the loss, hardship, inconvenience with cost of the proceedings, and other reliefs.
2.     The car purchased and used by the complainant, developed problem with it has run for about 26437 Kms.  The mechanic diagnosed the defect and identified the cause was due to failure of fuel delivery unit and handed over the car after rectification of the defect.  The car developed starting problem and same was reported to opposite party No.2, the opposite party No.2 adviced the complainant to keep fuel tank always full.  Still the car developed trouble.  The opposite party No.2 diagnosed the problem caused due to cylinder lock system and it requires 21 days to repair.  Being aggrieved by the recurring defects, the complainant informed the matter to opposite party No.1, who also failed to respond to the complainant properly.  Aggrieved by the defective car, the complainant suffered loss, hardship, inconvenience, filed this complaint alleging the deficiency in service on the part of opposite parties, seeking reliefs.
3.     The opposite party Nos.1 and 2 though represented through it counsel, did not file its version nor lead its evidence by filing affidavit.
4.     The complainant lead his evidence by filing affidavit, supported with documents. Complainant filed written arguments.  On hearing oral submissions by the complainant and on perusal of the material on record, matter posted for orders.
5.     The points arose for consideration of this Forum are as follows:-

1. Whether the complainant proves the deficiency in service on the part of the opposite parties and that she is entitled for the reliefs sought?
2. What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- The complainant purchased a Skoda Fabia car from opposite party No.2 on 18.01.2012, bearing No.KA-55-M-3848, manufactured by opposite party No.1.  The car run for about 26437 Kms, broke down on 26.07.2013.  The complainant approached opposite party No.2 and requested to rectify the problem.  The opposite party No.2 diagnosed and reported the cause was due to failure of fuel delivery unit in the car.  After the lapse of 12 days i.e. 07.08.2013, the opposite party No.2 returned the car after rectifying the defect, stating the reason for delay was due to non-availability of spares with it.  The car developed starting problem.  On approaching opposite party No.2, the complainant was told to keep the fuel tank always full.  Even after that, also the starting problem prevailed.  The opposite party No.2 diagnosed the cause as cylinder lock and asked the complainant to spare for 21 days to get the spare parts and to repair the car.  Being aggrieved by the recurring problems, the matter was reported to the manufacturer i.e. opposite party No.1 on 18.02.2014 through E-mail and a reminder on 19.02.2014.  The opposite party No.1 acknowledged the receipt of the complaint on 25.02.2014 had assured the complainant to rectify the defect at the earliest point of time, but failed to comply.  The reminder sent on 01.03.2014, also not responded properly.  The complainant alleged that the car was stranded for 35 days to rectify the defect and charged a sum of `4,785/- on 19.03.2014 at the time of delivery of the car.  The problem reoccurred once again on 20.03.2014.  The works manager provided a demo car and assured the complainant car will be ready by 05.04.2014, but failed to comply.  The complainant aggrieved by the performance and recurrence of the problems, suffered loss, hardship sought for the reliefs against the deficiency in service on the part of opposite parties.
8.    The material on record shows that the Skoda Fabia car had suffered with several problems and the same could not be resolved satisfactorily by the opposite parties.  The correspondence also supports the suffering and inordinate delay in responding to the defects in the car for obvious reasons.  This supports the attitude of opposite parties towards its customers and confirms the allegation of deficiency in service on the part of opposite parties.  Further, the advice of opposite party No.2, to keep the fuel tank always full, appears to be a most irresponsible and improper advice given to any customer.  As such, we are of the view that, it is proper to replace the defective part with a new defect free part, since the car had been used for a considerable time after collecting the cost of such parts rather than replacing the defective car with new car or refund of the entire car value.  Further, the opposite parties are liable to compensate the complainant suitably.  Accordingly, the point No.1 is answered partly in the affirmative.
9.    Point No.2:- In view of the above discussions, we hereby proceed to pass the following  

:: O R D E R ::

1. The complaint is partly allowed.
2. The opposite party Nos.1 and 2 are jointly and severally directed to replace the defective part of the car with a new defect free part in the complainant’s car, within 60 days of this order.
3. The opposite parties Nos.1 and 2 are jointly and severally shall pay a sum of `10,000/- towards compensation for the deficiency in service and `2,000/- towards the cost of the proceedings to the complainant within 60 days of this order. 
4. In default, to comply this order, the opposite party Nos.1 and 2 jointly and severally shall pay penalty of `100/- per day, to the complainant until compliance is made.
5. The opposite party Nos.1 and 2 shall jointly and severally deposit a sum of `5,000/- towards cost to the Consumer Welfare Fund within 60 days of this order.
6. In case of default to comply this order, the opposite party Nos.1 and 2 shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.

Give the copies of this order to the parties, as per Rules.