DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No. 868/2009
Sh. Tejbir Singh
S/o Sh. Durlabh Singh
C-85, Defence Colony
New Delhi – 110024 ……Complainant
Versus
1. M/s Tata Motors Ltd.
Regional Office:
Jeevan Tara,
5, Sansad Marg
New Delhi – 110001.
Second Address:
Registered Office:
Bombay House
24, Homi Mody Street, Mumbai
Maharashtra – 400 001
Third Address:
305/306, 3rd Floor, Signature Towers,
South City-1, Gurgaon – 122001.
Fourth Address:
Passenger Car Business Unit
5th Floor, One Forbes
Dr. V.B. Gandhi Marg, Mumbai – 400023.
2. M/s Vivek Automobiles,
A-1, Mohan Co-operative Industrial Estate
Mathura Road, New Delhi - 110044 ………Opposite Parties
Date of Institution : 07.12.2009 Date of Order : 04.04.2016
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
The case of the complainant, in nutshell, is that he had purchased one Tata Safari Dicor 2.2 VTT vehicle bearing Registration No. DL-3C AY 4063 manufactured by OP-1 from OP-2 who is an authorized dealer and after sales service provider of OP-1 on 9.12.2007 for an amount of Rs. 8,61,800/- but from the time of delivery itself the vehicle started giving problems and was having several inherent manufacturing defects and deficiencies such as emitting dense black fumes from the exhaust pipe, breaking down of the vehicle in the middle of the road in peak traffic, shredding and damage of the timing belt twice due to the defective and faulty design of the vehicle, grinding halt in the middle of the highway in heavy traffic on different dates as detailed in the complaint and the replacement and the repairs of the same by OP-2 and another authorized workshop of OP-1, namely, M/s Sanya Motors, New Delhi. According to the complainant, the vehicle had to undergo frequent and regular repair jobs for various problems which affected the roadworthiness, road-safety, reliability and drivability of the vehicle itself including repair of noisy and defective centre pin, noise in the under carriage of the vehicle, defective central locking, defective roof beading, problems and defects in the gear shift, failure of front shock absorber due to defective design and manufacture and improper fitting, replacement of front passenger seat and seat assembly due to inherent crookedness therein, replacement of front head lamp assembly due to defects therein, failure of air-conditioning system etc within the warranty period. According to the complainant, the OPs are guilty of deficiency in service and his grievances have not been redressed despite his writing letters to the Chairman of OP-1 and service of legal notice upon the OPs. Hence, it is prayed that the OPs be held guilty of deficiency in service, jointly and severely be directed to refund the amount of Rs. 8,61,800/- along with interest @ 18% p.a. from the date of purchase i.e. from 9.12.07 till realization, to pay a sum of Rs. 5 Lacs for the inconvenience, harassment, mental trauma and agony etc. caused to the complainant and his family members and to bear the payment of costs of the proceedings.
In its reply, OP-1 has inter-alia stated that the vehicle in question had covered 25305 kilometers as on 26.12.2009, which would amply prove that the vehicle does not suffer from any manufacturing defect. It is further alleged that the complainant has not filed any expert’s evidence to prove manufacturing defect in the vehicle in question. It is further inter-alia pleaded that the complainant himself has been negligent and careless in handling the vehicle and as such he is not at all entitled to any compensation as claimed. It is stated that there is no manufacturing defect in the vehicle in question. Hence, it is prayed that the complaint be dismissed.
Complainant has not filed any rejoinder to the reply of OP-1.
OP-2 has been proceeded exparte vide order dated 18.4.2011 passed by our predecessors.
Complainant has filed his own affidavit in evidence. On the other hand, affidavit of Sh. M.S. Pradeep, Senior Manager (Law) has been filed in evidence on behalf of OP-1.
Written arguments have been filed on behalf of both the parties.
Complainant has filed some photographs stated to be of the vehicle in question on 6.10.15
We have heard the counsel for complainant and have also perused the file very carefully.
Ex. PW1/2, PW1/3, PW1/7, PW1/8 (coolly), PW1/9, PW1/10 (colly), PW1/11 and PW1/12 are the copies of Tax Invoices vide which the vehicle in question had been repaired/parts replaced by OP-2 between 10.4.08 till 17.7.09 on number of occasions and dates. From a perusal of job-slip dated 17.7.2009 Ex. PW1/12, it becomes crystal clear that till that date the vehicle in question had done 20296 Kms. It is further proved that OP-2 had carried out the repairs and replaced the faulty parts on each and every occasion.
The complainant has also filed Service History of the vehicle in question wherein last service date has been mentioned as 13.5.13 and the Kms as 77978 which means that the vehicle in question had been running continuously till 13.5.13 and it has already been plied 77978 Kms. Therefore, we are not inclined to believe that there was/is any manufacturing defect in the vehicle in question.
The complainant has also not filed any expert opinion report to substantiate that there was/is in fact any manufacturing defect in the vehicle in question. Necessary wears and tears always take place in the vehicle while it is being plied and they cannot be termed as manufacturing defect.
In view of the above discussion, we hold that the complainant has failed to prove that OPs committed any deficiency in service. Accordingly, we dismiss the complaint with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 4.4.2016.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
Case No. 868/2009
04.04.2016
Present – None
Vide our separate order of even date pronounced, the complaint is dismissed. Let the file be consigned to record room.
(NAINA BAKSHI) (N. K. GOEL) MEMBER PRESIDENT
