Karnataka

Chitradurga

CC/44/2017

K.M. Mohan - Complainant(s)

Versus

The Authorized Singatory, Shruthi Motors. - Opp.Party(s)

lakshminarayana

26 Feb 2018

ORDER

COMPLAINT FILED ON:15.05.2017

DISPOSED      ON:26.02.2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 44/2017

 

DATED:  26^th FEBRUARY 2018

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        :MEMBER

                                 B.A., LL.B.,  PGD.CLP 

……COMPLAINANT	K.M. Mohan S/o H. Mahadevappa, Age: 36 Years, Mallappanahalli, Hosadurga Takuk, Chitradurga District.   (Rep by Sri.P.R. Veeresh, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Authorized Signatory, Shruti Motors, Authorized Dealers for Maruthi Udyog Ltd., Maruti Suzuki, P.B. Road, Near Pancha Devasthana, Davanagere.   2. The Authorized Signatory/The Territory Service Manager, Regional Office, 202, II Floor, Embfassy classic, Vittal Malya Road, Bangalore-01.   3. The Authorized Signatory, Maruti Suzuki India Ltd., Head Office, Nelson Mandela Road, Vasanth Kunj, New Delhi-110070.   (Rep by Smt.A.M. Veerabhadrappa, Advocate for OP No.1 and Sri. C.M. Veeranna, Advocate for OP No.2 and 3)

ORDER

SRI. T.N.SREENIVASAIAH : PRESIDENT     

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to replace the Maruti Ciaz sHVS ZDI+ with defect free new Maruti Ciaz SHVS ZDI vehicle or to return the price of the said vehicle i.e., Rs.10,33,260/- along with interest at the rate of 2% p.m, refund Rs.2,00,000/- the amount paid towards insurance premium, registration charges and other charges,   Rs.12,439/- the amount collected towards change of Mag Wheels and repair charges, Rs.25,000/- towards attending charges, Rs.1,00,000/- towards mental agony and Rs.75,000/- towards damages and costs of this proceedings.  

2.     The brief facts of the case of the above complainant are that, he is the RC owner of Maruthi Ciza SHVS ZDI+ vehicle bearing Registration No.KA-16 N-3211, purchased by him for his own use and other bonafide purposes from OP NO.1 on 08.10.2016 by taking financial assistance from SBM, Holalkere Branch, Chitradurga for a consideration of Rs.10,33,260/-.  The OPs are the authorized dealer and manufacturer.  After purchase of the said vehicle he faced several problems often and often.  When such being the case, the complainant was left the said vehicle for first free service.  OP No.1 has shown that, there is a broken of left side Mag Wheel during the clear warranty period in the said vehicle.  But, the OPs have not replaced or change the broken Mag wheel with new Mag Wheel when there is a clear warranty for the said vehicle.  The complainant has paid Rs.6,000/- at his own cost and got replaced the said Mag wheel when it is in the warranty period.  Thereafter, the complainant has found several defects in the said vehicle namely sub joint problems, stabilizer problems, defects in the diesel pump, mileage drop, and no consumption as assured by them, compression pressure problems, alignment problems, the wheel suddenly stopped while running and other unexplained problems.  These problems were found in the warranty period.  The complainant has informed the same to the OPs but, none of them have acted upon to the request of the complainant and not fulfilled the terms and conditions of the warranty aspect of the said vehicle.  The complainant tried to rectify the same with the OP No.1 for several times by incurring expenses at least Rs.2,500/- per visit including fuel expenses.  But, the OP No.1 has not solved the problems found in the vehicle.  The OP No.1 has informed the complainant that, the alleged problems of the vehicle may be a manufacturing defects.  The complainant has contacted the other technical persons of the same, then they have also stated that, they are absolutely a manufacturing defect.  Due to the said defects, the complainant has not run the said vehicle and faced inconveniences in day to day affairs.  The complainant has sent e-mail to the OP No.2 several times but, the attempts to get rectify the same were went in vain.  The problems found in the said vehicle were within the warranty period i.e., within 24 months or within 40000 KMs from the date of delivery.  The complainant has suffered lot of annoyance, lot of mental agony, lot of financial loss, precious time and incurred very much expenses for the same.  Hence, all the above said OPs are jointly and severally liable to compensate the complainant by way of damages caused due to the defective services to their esteemed good customer.  For all the defects, the OP No.1 has collected charges i.e., for replacement of some of the defective parts and also collected test drive fuel expenses from the complainant.  The complainant has got replaced another Mag wheel by paying Rs.5,890/- at his own cost on 26.04.2017 when it is in the warranty period,  The complainant has issued notice to the OPs on 23.02.2017 for which, the OP No.1 has replied on false grounds and allegations with vague reasons.  Hence, the cause of action for filing this complaint has arisen at Chitradurga town when the OP No.1 has sold and supplied the defective vehicle to the complainant which is within the jurisdiction of this Forum and hence, prayed for allowing the complaint.         

3.     After service of notice to the OPs, OP No.1 appeared through Sri. A.M. Veerabhadrappa, Advocate and OP No.2 and 3 through Sri. C.M. Veeranna, Advocate and filed their respective versions. 

As per the version of OP No.1, the complaint filed by the complainant is not maintainable either in law or on facts and the same is liable to be dismissed in limine.  The averments made in para No.1 to 6 are false and the complainant is put to strict proof of the same.  The cause of action for the complaint is arose within the jurisdiction of this Forum.  It is submitted that, as per the terms and conditions of Maruthi Suzuki Ltd., the first free inspection/service should be done within 1000 KMs or one month whichever comes first.  But, the complainant had run the said vehicle 1123 KMs and left the said vehicle for first free inspection/service on 15.10.2016, by running excess 123 KMs and the said vehicle was run 1123 KMs without any problem.  The complainant had run the said vehicle excess 123 KMs.  Further, as per the terms and conditions of the Maruti Suzuki India Ltd., second service/inspection should be done within 5000 KMs or 6 months whichever comes first but, the complainant has run the said vehicle up to 4471 KMs without any problem.  The OP No.1 service unit found that the left side of Mag wheels of said car were damaged and the same was intimated to the complainant immediately.  Further the complainant has put a stepnee over the breakage condition and complainant has run the car without stepnee.  The complainant has taken delivery of the said vehicle from OP No.1 without facing any problem.  Later on 31.12.2016, blindly the complainant has given complaint to the customer care unit of Maruthi Suzuki India Ltd., regarding damage of alloy wheels of the said vehicle.  But, the OP has given suitable reply/information to the complainant stating that, the damage of the alloy wheels is not due to any manufacturing defects and the same was due to severe impact on the alloy wheel while driving.  It is further submitted that, on 31.12.2016, the complainant has left the said vehicle with OP No.1 by plying 5150 KM, for the complaint of noise from front left suspension while driving.  The said noise may cause due to damage of left side alloy wheels while plying the vehicle on the road but, for goodwill basis and to avoid unnecessary litigations, OP No.1 has changed the parts of suspension without giving any reasons to complainant and without charging without any delay.  Later on 30.01.2017, the complainant left the said with OP No.1 by plying 6840 KMs, for the complaint of engine not starting.  The OP No.1 service unit found that, the said complaint was found due to contamination and dust accumulation in diesel pump assembly to the consequential to imbalance of said car while driving damaged alloy wheels etc.  The OP No.1 has taken opinion of expert/technical opinion of surveyor Mr. Murugendraiah for internal purpose regarding engine not starting, for goodwill basis and to avoid unnecessary litigations, the OP No.1 has changed the parts of diesel pump assembly without giving any reasons and without charging and any delay.   The deficiency in service has to be distinguished from the tortuous acts of the respondent.  In the absence of deficiency in service the aggrieved person may have a remedy under the common law to file a suit for damages but cannot insist for grant of relief under the Act for the alleged acts of commission and omission attributable to the respondent which otherwise do not amount to deficiency in service and hence, prayed for dismissal of the complaint.

OP No.2 and 3 filed their version and taken a contention that, the complaint filed by the complainant is not maintainable either in law or on facts and hence, the same is liable to be dismissed in limine.  The averments made in the complaint are all false and the complainant is put to strict proof of the same.  It is further submitted that, the warranty of the vehicle in question is not for any repair work which is to be carried out as a result of some negligence or accident caused due to mishandling of the vehicle in question.  It is pertinent to note that, the vehicle in question has travelled a mileage of more than 12500 KMs as on 27.04.2017 thus proving the factum of the vehicle being free from any manufacturing defect whatsoever.  The same is covered under clause 4 of the warranty manual which stipulates the various conditions in which the warranty is not applicable.  It is submitted that, this being the manufacturer gives to all its new vehicles and the said primary warranty is for a period of 24 months or 40000 KMs from the date of purchase, the same is subject to terms and conditions and limitations as enumerated in owner’s manual and service booklet.  As periodic maintenance schedule the customer has to compulsorily obtain first free inspection service at 1000 KMs or one month, second free inspection service at 5000 KMs or 6 months and 3^rd inspection service at 10000 KMs or 12 months whichever is first from the date of purchase.  Apart from three free services, two paid services have to be obtained at 20000 KMs or 24 months and 30000 KMs or 36 months from the date of purchase.  The obligation under warranty of the OP is specific as set in the owner’s manual.  It is further most respectfully submitted that, the allegations as regards the vehicle not duly attended by the concerned workshop, pertains to the dealership and can be answered in a better manner by the dealership itself.  It is further submitted that, there is no manufacturing defects found in the vehicle.  The complainant is not a consumer as defined under Sec.2(1)(d) of the Act.  The Therefore, the OP No.2 and 3 are not liable to pay any compensation and therefore, prayed for dismissal of the complaint.                            

 4.    Complainant has examined as PW-1 by filing affidavit evidence and relied on the documents like Ex.A-1 to A-15 and closed his side. OP No.1 has examined one Sri.Vijay Babu, Service Manager as DW-1 and relied on Ex.B-1 to B-5 documents and closed their side.   

5.     Arguments heard. 

6.     Now the points that arise for our consideration for decision of above complaint are that;

1. Whether the complainant proves that the OPs have supplied the defective Maruti Ciaz SHVS ZDI+ vehicle to him and committed deficiency in service and entitled for the relief as prayed in the complaint?

 

(2) What order?

 

7.     Our findings on the above points are as follows:-

        Point No.1:- Partly in Affirmative.

        Point No.2:- As per final order.

REASONS

8.     It is not in dispute that, complainant is the RC owner of Maruthi Ciaz SHVS ZDI+ vehicle bearing Registration No.KA-16 N-3211 which was purchased by him from the OPs by availing loan from SBM, Holalkere Branch, Chitradurga on 08.10.2016 by paying a sum of Rs.10,33,260/-.  After purchase, the complainant found some defects in the said vehicle.  So, he left the said vehicle with OP No.1, the dealer of Maruthi Ciaz SHVS ZDI+ requesting to solve the defects found in it.  The OP No.1 has collected some amount from complainant and fixed the new Mag wheel during the clear warranty period in the said vehicle.  According to the complainant, the OP No.1 has collected amount when the warranty period was in force.  Again the same defects found in the said vehicle, so, the complainant left the same with OP No.1.  OP No.1 has stated that, there is some manufacturing defect in the said vehicle.  The complainant has send notice to the OP No.1 to 3 to solve the defects found in the vehicle or for replacement of the new vehicle.  But, the OPs have failed to solve the problem and they filed version and taken a contention that, the vehicle was in a good condition and there is no manufacturing defects.  The OPs have argued that, the complainant has not followed the procedure as contemplated under manual booklet and the OPs have taken a contention that, on 15.10.2016, the complainant has left the vehicle for first service by that time, the vehicle was run 1123 KMs i.e., 123 KMs in excess and second service was to be done within six months or 5000 KMs.  The complaint left the vehicle for second service within 5000 KMs and further argued by the OPs that, they have taken the report from the surveyor.  As per the surveyors report, there is no defects in engine or in any parts and there a diesel pump problem in the said vehicle but, the complainant has taken opinion from the other technical person who has stated that, there is a defects found in the vehicle and further the OPs have argued that, this Forum has no jurisdiction to entertain this case and further stated that, the complaint filed by the complainant is not maintainable.      

9.     We have gone through the documents filed by both the parties.   As per the documents produced by the complainant, which clearly shows that, the complainant has purchased Maruthi Ciza ZDI+ vehicle from the OPs on 08.01.2016 for a sum of Rs.10,33,260/- by availing loan from the SBM, Holalkere Branch and the receipts produced by the complainant goes to show that the OPs have collected charges for the parts from the complainant though the vehicle was within warranty period.  The Ex.B-1 produced by the OPs, the manual is not concerned to this complaint and the service book is concerned to one Dattatreya Hegde, the same also shows that the OPs have committed deficiency in service.  The OP No.1 himself has stated that, there is some defects found in the vehicle.  Such being the case, the question of proving the defects found in the vehicle by the complainant does not arise.  The Advocate for the complainant argued that, the OPs have collected amount towards parts from the complainant within the warranty period and further argued that, the OPs have supplied defective vehicle to the complainant.  But, the OPs have denied that, the vehicle supplied by them is good and there is no defects found in the vehicle as per the surveyor report.  But, the documents produced by the complainant clearly shows that, the complainant has purchased the said vehicle by availing loan from SBM, Mysore, the same is within the warranty period, which had so many problems under the warranty period.  Hence, this Forum comes to the conclusion that, the OPs have committed deficiency of service in supplying the defective vehicle and therefore, the complainant is entitled to get the compensation from the OPs for the deficiency in service.  Hence, this Point No.1 is held as partly affirmative to the complainant.

 

          10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OPs are hereby directed to replace the Maruti Ciaz sHVS ZDI+ with defect free new Maruti Ciaz SHVS ZDI vehicle or to return the price of the said vehicle i.e., Rs.10,33,260/- along with interest at the rate of 9% p.a from the date of purchase of the said vehicle i.e., from 08.10.2016 till realization. 

It is further ordered that, the OPs are hereby directed to pay compensation for a sum of Rs.1,00,000/- towards towing and other charges. 

It is further ordered that, the OPs are hereby directed to return a sum of Rs.12,439/- the amount collected by the OP No.1 from the complainant towards change of Mag Wheels and repair charges. 

It is further ordered that, the OPs are hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings.  

It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

            (This order is made with the consent of Member after the correction of the draft on 26/02/2018 and it is pronounced in the open Court after our signatures)

           

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:- Sri. Vijay Babu, Service Manager by way of affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Tax Invoice dated 05.10.2016
02	Ex.A-2:-	RC copy
03	Ex.A-3:-	Policy schedule
04	Ex.A-4:-	Statement of account from 01.09.2016 to 13.02.2017
05	Ex.A-5 to 7:-	Job cards dated 11.12.2016, 31.12.2016 and 04.02.2017
06	Ex.A-8:-	Cash bill dated 26.04.2017
07	Ex.A-9:-	Legal notice dated 23.02.2017
08	Ex.A-10:-	Postal receipts
09	Ex.A-11:-	Postal acknowledgements
10	Ex.A-12:-	Reply notice dated 16.03.2017
11	Ex.A-13:-	Mail copy regarding repair
12	Ex.A-14:-	Copy of conditions on warranty policy
13	Ex.A-15:-	Mail copy regarding repair

 

Documents marked on behalf of OPs:

01	Ex-B-1:-	Service Manual with warranty particulars
02	Ex.B-2:-	Survey report dated 01.02.2017 with CD and photos
03	Ex.B-3:-	Up to date vehicle report
04	Ex.B-4:-	Job card dated 21.11.2017
05	Ex.B-5:-	Photos

 

 

MEMBER                                                            PRESIDENT

Rhr**