D.O.F:20/05/2023
D.O.O:20/05/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
CC.143/2023
Dated this, the 20th day of May 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT. BEENA. K.G : MEMBER
Subrahmanya Bhat,
Gulugunji House,
Kumbadaje Kasaragod,
Pin- 671551. : Complainant
And
1. The Manager,
AMG Commercial Vehicles
16/148 OPP. Eicher Motor,
Thottada, Kannur- 670007.
(Adv: Ummu Aima. C.A)
2. The Manager,
Mahindra,
AMG Commercial Vehicles,
NH 66 AK Arcade,
Adkathbail, Kasaragod – 671124.
3. Authorised Officer, : Opposite Parties
Mahindra,
Surya Tower 625-1,
Alanda, Chennai,
Tamil Nadu – 600016.
(Adv: Saji Mathew, Alfi Anwar & Shafi.M)
ORDER
SRI. KRISHNAN.K : PRESIDENT
The case of the complainant is that he purchased Mahindra AMG commercial vehicle from Opposite Party on15/02/2022. It has run 19500 Kilometer as on 25/03/2023. A huge sound is heard from three wheels of the vehicle. No service is given by Opposite Party citing out of warranty. And also not having proper service centers in Kasaragod. The Opposite Party claims that 20000 Kms service is lapsed. Therefore no warranty. Vehicle is in service from 18/04/2023 onwards. There is a big loss of Rs.1,50,000/- Opposite Party sent a mail that Mahindra already approved 25% discount cost of spare and 75% will be paid by the complainant. Service issue requires clearance and also claims compensation of Rs. 1,50,000/- from Opposite party.
Notice of Opposite Party’s sent Opposite Party No:1 remained absent and set exparte and Opposite Party No:1 filed IA 208/2023 to setaside exparte order. The same was dismissed on 04/10/2023.
The Opposite Party No:2 filed version contenting that Opposite Party no:1 places bulk orders for commercial vehicles and Opposite Party No:2 supply the vehicle. The Opposite Party No:2 is not knowing buyer of the vehicle at the time of purchase and hence no privity of contract with the complainant. There was no appointment on 12/04/2023 service centre located at Kanhangad for customers in Kasaragod district. On 04/04/2023 dealer inspected the vehicle for the rare axle sound. While vehicle crossed 22041 Kms, requested the complainant to bring the vehicle to Kanhangad service centre on 18/04/2023 but bought only on 18/05/2023. If the service lapses warranty no longer is valid as per warranty policy. In the owner’s manual. But still Opposite Party No:2 offered 25% good will discount as a special case. Further allegations are false and hence prayed to dismiss the complaint.
The complainant filed proof affidavit and cross examined as Pw1 Ext A1 to A7 documents marked from his side. Ext A1 is the copy of RC of the vehicle, Ext A2 is the statement of account by Opposite Party No:1. , Ext A3 is the warranty card, Ext A4 is the copy of bills, Ext A5 is the call records, Ext A6 warranty card and Ext A7 is the copy of service records.
Following points raised for consideration:
- Whether there is any deficiency service in repudiating the free service for the warranty period is over.
- Whether complainant is entitled for compensation? If so for what reliefs?
Both points taken up together for convenience. As the complaint and affidavit, the complainant reported for service at 4pm on 11/04/2023. They waited for one hour but replied that the service centre closed by 3Pm. On 17/04/2023 vehicle crossed 20900Kms. On 18/05/2023 reading shows 22948 Kms. The Opposite Party No:2 agreed warranty period is 3 year or 80,000Kms running of the vehicle. There is extended warranty for the vehicle.
The Opposite Party denied service and re-placement of parts free of cost on the ground of delay. NCDRC in RP No: 2055 of 2015 in a case; Shivam Motor Private Ltd and ANR Vs Neeraj Kumar Thiwar and ANR it was held that some delay in getting free service of the vehicle done would not imply that the user of the vehicle was negligent in its maintenance thereby resulting in revoking of the warranty and that the manufacturer of the vehicle is equally responsible as is its dealer, for allowing repairs under warranty, NCDRC has directed Tata Motors and one of its dealer to compensate their customer for refusing of the repair the vehicle under warranty.
Now as per complaint and evidence shows that there is no manufacturing defect to the vehicle. But vehicle is under warranty for three years or 80,000Kms. But only 25% of bills is given as good will warranty. The denial of service and replacement within warranty period is serious deficiency in service for which both parties are liable for compensate. It is the dealer who repairs the vehicle under the warranty and then settles claim with the manufacture under terms of their agreement. In this case, the opposite parties refused to repair the vehicle under the warranty and therefore, they are equally liable for dishonouring the warranty.
The opposite Party No:1 to 3 are liable and thus directed to attend to service of the vehicle and clear the defects by replacing parts if any of free of cost treating it was within warranty period without considering delay in reporting for service and to pay compensation for deficiency in service and cost of the litigation.
Regarding question of compensation the claim is not supported by any legal and acceptable evidence with regard to any financial loss or separate amount of damages caused to the complainant. Still complainant is entitled to a reasonable amount of compensation for deficiency in service and negligence of the opposite party in this regard. Considering the facts and taking note of the nature and circumstances of the case, this commission of the considered opinion and hold that a sum of Rs. 25000/- is found reasonable amount as compensation and also pay Rs. 5000/- as cost of the litigation.
In the result complaint is allowed Opposite party No:1 to 3 are directed to attend to the service of the vehicle to clear defects by replacing parts if any free of cost treating it as within warranty period without considering delay in reporting for service and to pay Rs. 25,000/-(Rupees Twenty Five thousand only) as compensation and Rs. 5000/- (Rupees Five thousand only) as cost of the litigations within 30 days of the receipt of the order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1- Copy of RC of the vehicle.
A2- Statement of Account by OP No:1
A3- Warranty card.
A4- Copy of bills,
A5- Call records (Pendrive)
A6- Warranty Card
A7- Service Records.
Witness Examined
Pw1- Subrahmanya Bhat
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
