IN THE CONSUMER DISPUTES REDRESSAL COMMOSSION, ALAPPUZHA
Thursday the 25th day of November, 2021
Filed on 08.02.2021
Present
1. Sri.S.Santhosh Kumar.BSc. LLB(President)
2. Smt. C.K.Lekhamma. BA,LLB(Member)
In
CC/No.39/2021
Between
Complainant:- Opposite parties:-
Sri. Arun Dev Vasudevan Nair 1. Sri. Shan.K.P
S/o Vasudevan Nair Assistant Sales Manager
Thiruvathira SS Hundai, Mavelikkara.
Vishaversserikkara (Exparte)
Mannar.P.O,Kurattissery 2. Sri. V.Radhakrishanan
Alappuzha-689 622 Manager- HR, Admin and
(Party in person) Legal Matters, SS Hundai,
Mavelikara.
(Exparte)
3. Smt. Deva Prabha
Regional Customer Care Incharge
SRO-3 Cochin,
Hyundai Motor India Ltd.
(Exparte)
O R D E R
SMT. C.K.LEKHAMMA(MEMBER)
Brief facts of complainant’s case are as follows:-
The complainant had purchased a brand new Hyundai Creta 1.4 CRDI E+ model vehicle from the 1st opposite party on 7/2/2020. After a few days of its purchase complainant found so many fault issues in the vehicle. The vehicle is not performing as it should. The defects occurred due to the faulty parts of the vehicle. The complainant pointed out said issues to the opposite parties 1 and 2. But they left the major issues unrepaired and solved some minor issues only. After that the complainant forced to issue lawyer notice to resolve the major problems such as to change rusted parts and other major parts which are not in alignment. Another demand was to change all the old tyres fixed in the disputed vehicle. But the complainant sent lot of reminders to the opposite parties 1 to 3, no proper response was received from them. So the complainant had changed the tyres with his own expenses and informed the 1st and 2nd opposite party to settle the compensation for the same. The complainant incurred following expenses with respect to repairing charges and price of the tyre.
1. Cost of tyre(Front RH &LH-Good Year) - Rs.13000/-
2. Legal Action Expenses - Rs. 2,500/-
3. Labour Cost/ Workshop Expenses - Rs. 1050/-
4. Compensation for vehicle at workshop for
15 days - Rs. 10,000/-
But they refused to settle his claim and forced him to get through the insurance. The complainant got mental stress due to the defects of brand new vehicle. Since he spent around Rs. 15 lakhs for the vehicle which is not performing as his expectation. Hence he is seeking compensation for the loss incurred him inconnection with the delivery of a substandard vehicle and defective service from the opposite parties.
2. The opposite party remained absent after the receipt of Notice from this Commission and declared them exparte. Complainant filed proof affidavit. Ext.A1 to A3 were marked. We have heard the complaint.
3. The points that arose for our consideration are as follows:-
1. Whether the complainant is entitled to get any relief from the opposite parties?
2. Relief and cost if any?
4. Point No.1:-
Ext.A1 is the copy of lawyer notice dtd. 25/9/2020 with postal receipts. Ext.A2 is the cash bill dtd. 7/10/2020 and Ext.A3 series (6 in numbers) copy of photos with regard to the tyre.
The case of the complainant is that his brand new vehicle suffered various defects within few days of its purchase. He approached opposite parties 1 and 2 but they have solved only minor complaints and major complaints are still existing. Therefore the complainant forced to issue Ext.A1 lawyer Notice to the all opposite parties but they did not respond. At last complainant himself spend money and did tyre change. Ext.A2 is the cash bill of said tyres. Ext.A3 series are photographs of the damaged tyres.
On perusal of evidence as a whole nothing is before us to show the date of purchase of the vehicle and alleged defects of the vehicle. In Ext.A1 lawyers Notice it is mentioned that on 7/2/2020 the complainant had purchased the alleged vehicle and it suffers the problems of discoloration on the front aero grill, Rusting brake discs, defective stero system and mis alligned wheel and steering. Further alleged that the vehicle is lacking merchantable quality and did not provide proper service to the complainant. But no evidence before us that the vehicle suffers lot of major and minor complaints and in which minor problems has been rectified by the opposite parties 1 and 2. It is to be noted that if the complainant brought his vehicle for repairing with opposite parties he ought to have produced the job card before us. Ext.A2 bill for the purchase of new tyre is the only evidence before us to that the complainant had replaced the two tyres(Front RH & LH- good year). Hence seeking compensation under the above head is unwarranted. As per Ext.A3 series of photographs revealed that the old tyres were damaged and replaced with a new one. It is evident from Ext.A2 bill the complainant had spent Rs. 14,050/- for the purchase of two tyres. The opposite parties remained absent even after the receipt of notice from this commission. They have given ample opportunity to appear before the commission and substantiate their part. Therefore the evidence of the complainant remained unchallenged. Hence opposite parties 1 and 2 are liable to refund Rs.14,050/- (Rupees Fourteen thousand and fifty only) to the complainant. In the facts and circumstances of the case we are not ordering any compensation and cost of the proceedings.
Point No.2:-
In the result, the complaint allowed in part and direct as follows:-
A) The opposite parties 1 and 2 are jointly and severally liable to pay Rs. 14,050/- (Rupees Fourteen thousand and fifty only) with interest @ of 8% per annum from the date of complaint till realization.
The order shall be complied within one month from the date of the receipt of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 25th day of November, 2021.
Sd/-Smt. C.K.Lekhamma(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - Lawyer Notice dtd. 25/9/2020
Ext.A2 - Cash Receipt dtd. 7/10/2020
Ext.A3series - Photographs
Evidence of the opposite parties:- Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Compared by:-
