IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Thursday the 25th day of November, 2021
Filed on 27.11.2019
Present
1. Sri.S.Santhosh kumar.Bsc.LLB(President)
2. Smt. C.K.Lekhamma BA ,LLB (Member)
In
CC/No.319/2019
Between
Complainant:- Opposite parties:-
Sri. K.D.Kuttappan The Authorized Signatory
Kurusinkal Veedu Popular Motor Corporation
Arthunkal.P.O Cherthala, CMC.15/172, 172A
Cherthala, 173A, NH.66, Xray Jn
Alappuzh -688 530 Cherthala, Alappuzha-688524
(Party in person) (Adv. Sri. Somanatha Kurup)
O R D E R
SMT. C.K.LEKHAMMA (MEMBER)
Brief facts of complainant’s case are as follows:-
The complainant had purchased a Bajaj CT110 model bike from the opposite party on 16/10/2019 and the warranty has been provided for 2 years. At the time of purchasing opposite party informed that the complainant can avail three free services. Accordingly on 19/11/2019 vehicle brought for 1st service and after the service on 20/11/2019 a bill has been issued for Rs.792.50/- to the complainant. This complaint is filed for getting refund of said amount. The complainant alleged that said amount was illegally obtained by the opposite party from him. According to the complainant said acts of opposite party causes mental agony as well as money loss to him. Hence he is also seeking compensation as well as cost of the proceedings from the opposite party.
2. Version of the opposite party is as follows:-
No dispute with regard to the purchase of vehicle from the opposite party. On 19/11/2013 said bike was entrusted for 1st service with opposite party. The bill issued to the complainant for the following items and this items are not covered in free service.
No | Items | Rs. |
1 | Oil | 413.46/- |
2 | Oil Filter | 43.35/- |
3 | Oil ring | 22.19/- |
4 | Lubricants | 64.53/- |
Total | 542.53/- |
Along with EC charge for Rs.11.90, chain cleaning and greasing charge for Rs.238/- and the total amount comes as Rs.792.50/-. Hence there is no deficiency in service from the part of the opposite party as alleged by the complainant. Therefore the complaint is to be dismissed.
3. The complainant appeared in person. He was examined as PW1 and Ext.A1 to A5 were marked. Opposite party adduced only documentary evidence and Ext.B1 was marked from their side. Thereafter we have heard both sides.
4. The points that arose for consideration are as follows:-
1. Whether the complainant is entitled to get any relief from the opposite party?
2. Relief and cost if any?
5. Point No.1:-
Admittedly the vehicle brought to the opposite party for 1st free service and they issued the alleged bill Ext.A1 and A2 to the complainant. Ext.A3 is the copy of spare parts consumption details and Ext.A5 is the copy of vehicle delivery note dtd. 11.10. 2019. In Ext.A5 mentioned the service details of the vehicle involved in the dispute.
Opposite party contented that the items charged in 1st free service are not come under the free service and it is specially mentioned in the owner’s manual. During the cross examination of PW1, the complainant he deposed that the opposite party has given owner’s manual to him, read and learnt about the conditions of free service in the said manual. He was agreed to produce said owner’s manual before the Commission. But he did not do that. The opposite party produced Ext.B1 owner’s manual with regard to the same brand CT 110 bike. The learned counsel for the opposite party pointed out that page 35 of the Ext.B1 mentioned about the warranty scope and limit. In which part ‘C’ discussed about the circumstances when the warranty is not applicable. As per the conditions cited under the heads No.3 and 5 of part ‘C’ in Ext.B1 is that Part.C.3:- Replacement of bulbs & rubber components like grommets, ‘O’ rings, bellow as well as filters, packing, gaskets, fasteners ect. and Part.C.5:- All consumables like Engine oil, Fork oil, Brake oil, Grease etc are chargeable to customer. Accordingly Ext.A1 and A2 bills issued to the complainant. In view of the above discussions we have no hesitation to hold that the amount charged by opposite party is in accordance with the warranty conditions and hence the complainant is not entitled to get any of the reliefs from the opposite party. Therefore, the point No.1 is found against the complainant.
6. Point No.2:-
Accordingly we dismiss the complaint and no cost.
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:-
PW1 - K.D.Kuttappan(Complainant)
Ext.A1 - Tax Invoice dtd.20/11/2019
Ext.A2 - Tax Invoice (Labour) dtd. 20/11/2019
Ext.A3 - Spare Parts Consumption Details
Ext.A4 - New Vehicle Delivery Note
Ext.A5 - Service Details.
Evidence of the opposite parties:-
Ext.B1 - Owners Manual
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Compared by:-
