C.C. No.185/2021

Prafulla Kumar Kandayatray,

S/o. Pradip Kishore Khandayatray,

At- Odishagarh,

P.O.- Ashrampatna,

P.S./Dist.- Jagatsinghpur.                                            ………. Complainant     

                             (Versus)

1. The Manager,

Jahnavi Auto Mobiles Pvt. Ltd.,

(Jahnavi Nissa & Datsun Showroom),

Plot No.427/428,

At/P.O.- Nakhara,

P.S.- Pahal,

Dist.- Khurda- 754001.

2. The Manager,

Ananta Nissan Auto Mobiles Pvt. Ltd.,

Plot No.94, Pahal,

Bhubaneswar- 752101.

3. Chief Executive, Marketing,

Renault Nissan Auto Motive India Pvt. Ltd.,

Plot No.1-A, Sipcot Industrial Estate,

Mathur Post, Oragodam, Kanchipuram,

Chennai- 903109.                                     …..… Opposite parties                 

For Complainant………..Mr. J. Mishra, Advocate

O.P. No.1 & 2………..Ex-parte

For O.P. No.3………..Mr. G. Mohanty & Associates

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                         JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite party No.3 to replace a new one DATSUN redi – GO car in place of old car or pay cost of the car to the complainant amounting to Rs.4,19,160/- and direct the opposite parties to pay cost and compensation towards mental agony and harassment”

            Brief fact of the case is that complainant is a physically handicapped (fully disabled to walk) Para-sportsman. To move for his personal work and for participation in his sports and game, he was in need of a four wheeler. For that he purchased a “DATSUN Redi – GO 7 (0) LAMT” Car at the cost of Rs.4,19,160/- from opposite party No.2 on 21.3.2019.  After some days of purchase within the warranty period there was starting problem due to old battery was supplied as reported by opposite party No.1 for that the opposite parties did not solved his problem. The complainant forced to purchase a new battery for his vehicle at his own cost of Rs.5,500/-. On 02.7.2021 when air conditioner did not operate and other mechanical problem found, the complainant took his vehicle to the opposite party No.1 but not rectified the problems and after that many times mechanic of opposite party No.1 took charges and also some parts and maintenance charges almost all times after some days the same problem araised. At last harassing from the opposite party No.1 the complainant done the air conditioner repairing privately at the cost of Rs.5,950/-  on 10.9.2021 and till now there is no problem in air conditioner.  The opposite parties are harassed the complainant taking money from the complainant time to time and mentally without rectifying the problems.  

            Opposite parties No.1 & 2 were sent notice by Regd. Post on 10.11.2021 but did not appear and were set ex-parte on 06.6.2022.

            Opposite party No.3 filed his written version stating as under;

            All sales related business transactions with the individual customers are carried out between the authorized dealers and the individual customers without any role assigned to the manufacturer i.e. the opposite party No.3. In view of the same the opposite party No.3 has not been privy to specifics of any business dealings and/or other communications which might have happened/concluded between the complainant and the opposite party No.3. Hence the opposite party No.3 cannot be held liable for any or all acts of deficiency in service, negligence and/or omissions on the part of other opposite party, if found.    

            Installing an outdated battery in a vehicle sold on 21.3.2019 and battery manufactured on 23.7.2018 warranty expired on 22.10.2019 and warranty up to 23.7.2019 and thereby causing inconvenience to the customer amounts to deficiency in service. So also air conditioner found defective for which complainant was harassed and charged amounts to deficiency in service. 

            We therefore direct the opposite parties particularly opposite party No.3 to pay Rs.20,000/- towards harassment and mental agony and cost of Rs.5,000/- towards cost of litigation and further award cost of Rs.5,000/- on opposite party No.1 for charging the fees and harassing complainant. With the aforesaid observation and direction the consumer complaint is disposed of.

            Pronounced in the open Commission on this 29^th June,2024.