By Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of Consumer Protection Act for an order directing the Opposite party to pay compensation of Rs.70,000/- for the deficiency of service and unfair trade practice from the part of Opposite Party to the Complainant.
2. Complaint in brief:- the Complainant purchased a Mahindra Alpha Passenger Vehicle from the Opposite party for a sum of Rs.1,79,000/-. At the time of purchase, the Opposite Party offered 2 years warranty to the vehicle and 6 months warranty to the tyres. The Complainant did not supply gift coupon and full tank Diesel as offered. After 6 months, the Opposite Party changed the tyre but not tube on 28.03.2013. The Opposite Party received Rs.800/- towards charge of tyre. The complainant gave his vehicle for service to company workshop on 03.05.2014 but for 3 days the vehicle was kept there without service and levied Rs.3,650/- from the Complainant for spare parts and work charge. So there is deficiency of service from the part of Opposite party. Aggrieved by this, the complaint is filed.
3. On receipt of complaint notice was issued to Opposite Party and Opposite party appeared before the Forum and filed version. In the version of Opposite party, Opposite Party contended that the Complainant is not a consumer and the transaction is a commercial transaction. The Complainant has not produced driving license before the Forum. The purchase of vehicle is not for livelihood and the Complainant engaged drivers to drive the vehicle. The Complainant is a Government employee. There has been violation of the warranty terms and conditions on the part of Complainant. The Complainant carried out all the periodical free service is an anauthorised service centre. The Complainant is bad for non-joinder of necessary parties. The manufacture of vehicle is not impleaded. The Opposite party is the authorised dealer and service centre of M/s Mahindra & Mahindra and Opposite party have duly performed the part well without any delay or default. The Opposite party had specifically apprised the complainant to carry out service with Opposite Party. The Complainant had brought the vehicle to the service centre of Opposite Party on 09.03.2013 alleging abnormal wear and tear of tyre, for adjusting the break etc and all complaints were rectified except replacement of tyre since the same is to be done by the manufacturer. Later tyre was replaced on 30.03.2013 under warranty. Again the vehicle was brought on 03.05.2014 alleging low pulling, low mileage and general checkup. The Opposite party therefore the cam shaft and other concerned components had to be replaced and it was specifically informed to the complainant that two or three days will be taken to repair the vehicle and Complainant had agreed for the same. And hence done the work. The expense for the same is Rs.3,500/-. The Complainant agreed to leave his vehicle for the repair after convincing the expense.
4. On perusal of complaint, version and documents the Forum raised the Following points for consideration.
1. Whether there is deficiency of service from the part of Opposite Party?
2. Relief and cost.
5. Point No.1:- The Complainant filed proof affidavit and is examined as PW1 and documents are marked as Exts.A1 to A12. The Opposite party also filed proof affidavit and Opposite party is examined as OPW1 and Exts.B1 to B4 is marked. On perusal of complaint, the Forum understood that the main complaints of the Complainant is that there was delay in repair work and Rs.3,650/- is charged for repair work during warranty period. On perusal, it is found that the Opposite party took 3 days to repair the vehicle. In this 3 days, one day was Sunday and it is not a working day. The Opposite party had done cam shaft and other concerned components along with it the engine oil, gear oil, large end bearing etc are changed to increase pulling and mileage. So the Opposite party took very reasonable time to do the repair work. According to the Forum, there was no delay in repair work. Regarding the charging of Rs.3,650/- during warranty period, the Complainant produced two invoice dated 06.05.2014. The total amount charged in two invoices is Rs.3,650/-. The Complainant purchased the vehicle on 27.08.2012. There was 2 years warranty. So the work due is within warranty. During warranty period the cost of parts changed cannot be charged by the Opposite party. So the charging of parts changed during warranty period is illegal. Such act of Opposite Party is deficiency of service and unfair trade practice. Point No.1 is found accordingly.
6. Point No.2:- Since point No.1 is found in favour of Complainant, the Complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the Opposite party is directed to pay Rs.3,475/- (Rupees Three thousand Four hundred and Seventy Five) only to the Complainant being the amount after deducting Service tax of Rs.174/- from Rs.3,650/- and also the Opposite party is directed to pay Rs.1,000/- (Rupees One thousand) only as compensation and Rs.1,000/- (Rupees One thousand) only as cost of the proceedings. The Opposite Party shall comply the order within 30 days from the date of receipt of this order failing which the Complainant is entitled to get 12% interest for the whole sum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 21st day of July 2015.
Date of Filing:12.05.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Hamza Complainant.
Witness for the Opposite Party
OPW1. Manoj Kumar. Service Manager, KTC Auto Mobile Co. Kakkavayal.
Exhibits for the complainant:
A1. Advertisement.
A2. Advertisement.
A3. Coupon No.0059.
A4. Order Booking Form.
A5. Tax Invoice/ Form No.8B dt:27.08.2012.
A6. Receipt. dt:28.03.2013.
A7. Invoice Cum Delivery Challan. dt:18.06.2013.
A8. Tax Invoice/ Form No.8B. dt:11.02.2013.
A9(1). Tax Invoice/ Form No.8B. dt:24.04.2013.
A9(2) Labour Bill. dt:24.04.2013.
A10. Tax Invoice/ Form No.8B. dt:06.05.2014.
A11. Labour Bill dt:06.05.2014.
A12. Copy of Driving Licence.
Exhibits for the opposite Party.
B1. Copy of Licence. dt:24.07.2012.
B2. Receipt. dt:17.07.2012.
B3. Receipt. dt:17.07.2012
B4. Copy of Job Card.
