Final Order / Judgement | Date of Complaint : 09/10/2015 Date of Disposal :22/11/2016 IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI PRESENT :1. SRI. V.A. PATIL, PRESIDENT 2. SMT. LATHA M.S., MEMBER | CC No.80/2015 ORDER DATED 22ND DAY OF NOVEMBER 2016 | | Sri. P.S. Subbaiah, S/o. Late. P.K. Somaiah, Residing at Betoli Village & Post, Virajpet Taluk, Kodagu District. (INPERSON) | -Complainant. | V/s | - The Proprietor,
Mahindra & Mahindra Ltd., Gateway Building, Appollo Bunder, Mumbai. (By Sri.K.S. Sajan Naik, Advocate) - The Proprietor,
M/s India Garage, Main Road, Gonicoppal, Now shifted to I.G Workshop, Jodu Beeti, Ponnampet, Kodagu. (By Sri. H.U. Sudeesh, Advocate) | -Opponents. |
JUDGEMENT BY SRI. V.A. PATIL, PRESIDENT This is the complaint filed by the complainant, against the opponents under section 12 of the Consumer Protection Act, seeking the direction to the opponents to replace the irreparable Jeep, with new good working Jeep, and also prays for the compensation and cost of this complaint and other charges. - The facts of the complaint in nutshell are that the complainant purchased a Bolero ZLX Jeep from the OP-2 and on 19/10/2012 paid the entire balance amount to the OP-2. It is the contention of the complainant that ever since the date of purchase the vehicle was giving one or the other trouble. The complainant brought the said matter to the OP-1 and OP-1 assured to set right the said troubles within short time. Accordingly the technicians attended and told that the said vehicle is alright and in good working condition. But till today the said vehicle is giving trouble and not running in first gear and heavy smoke is emitting from the silencer. Further it is the contention of the complainant that he has invested huge money for purchase of the said vehicle by availing the loan and from day one he is facing problems. Hence, he has lost the boasting high quality service, miserably failed to rectify the problems, which amounts to deficiency of service. Hence, the complainant approached this Forum seeking the direction to the opponents to replace the irreparable Jeep with new one and pray for the compensation of Rs.50,000/- for mental agony, loss of earning and costs of this complaint.
- After registering the complaint, notices were issued to the opponents and the same was served and OP-1 filed the version stating that the averments made in the complaint are vague, baseless, and with malafide intent, and the complainant has made the baseless allegations of manufacturing defect in the vehicle, without relying on any expert report. Further OP-1 states that, the vehicle purchased by the complainant requires mandatory servicing and replacement of specified components i.e., air filter, fuel filter etc. at recommended intervals as mentioned in the operators service book. Further this OP states that, the complainant had failed and neglected to follow the said guidelines and he has grossly violated the terms and conditions of the warranty. Further this OP states that, the said vehicle was delivered to the complainant after carrying the pre-delivery inspection. Further this OP states that from 27/10/2012 the date of purchase till 02/09/2015 the said vehicle had covered 36,351 k.m. The said fact proves that the said vehicle is in absolute road worthy, condition and that the jobs carried out on the vehicle in question are minor and running repairs. The complainant was satisfied with the jobs done in the vehicle and has issued the satisfaction note dated 02/09/2015 in favour of the workshop and request this Forum to dismiss the complaint against the said OP.
Version of OP-2:- OP-2 submits that M/s India Garage is only an authorized service provider and not manufacturer. Further it states that as there is no technical evidence to establish that there is a manufacturing defect in the said vehicle. It is submitted that, the complaint of the complainant is vague and makes allegations only in general and is not particular, unless and until the defect is pointed out particularly, the same cannot be a manufacturing defect. Further this OP submits that they are servicing cars with utmost care and the detailed inspection is also made before the delivery (PDI) of the each vehicle. Further this OP submits that there is no deficiency of service, or unfair trade practice practiced by this OP. Hence request this Forum to dismiss the complaint. - The complainant and the Ops have filed their version, evidence affidavit and written arguments, along with the supporting documents. On perusal of the said pleadings and documents, the points that arise for our consideration are as follows;
- Whether the complainant proves the deficiency of service by the ops?
- Whether the complainant is entitled for the reliefs sought?
- What order?
- Our findings on the above points are as shown below;
Point No.1 :- Negative Point No.2 :- Negative Point No.3 :- As per the final order for the following R E A S O N S - Point Nos.1 and 2 are related to each other. Hence, both are answered jointly.
It is the case of the complainant that he has purchased the Bolero Jeep from the OP-2 on 10-10-2012. Ever since from the date of purchase the vehicle was giving one or the other trouble and the said matter was brought to the knowledge of OP-1. Two technicians attended the said vehicle and told that the said vehicle is alright and in good working condition. But now the said vehicle is not running in first gear and heavy thick smoke is emitting from the silencer pipe. The complainant has simply made the allegation regarding the troubles of the vehicle. But nothing is on record to show that the said vehicle is giving trouble. According to the version of the OP-1, for effective maintenance and better performance of the vehicle, the mandatory recommended services at specified intervals at authorized service stations are not followed by the complainant. In this case the complainant has not produced any records, to show that he has followed the recommended services at the specified intervals. On verification of the records, after purchase of vehicle, for the first time on 04/09/2013 when the said vehicle ran 11,015 km, it was taken to the garage, for minor repairs, which shows that the complainant has not followed the recommended services. After that the said vehicle was reported many times, even after running more than 36,351 km. On 02/09/2015 wherein the purported complaint of black smoke from silencer was reported for the first time and the same was rectified. All the repairs made at different intervals are the running repairs and they cannot be say that they are the manufacturing defects. As the complainant was satisfied with the work done, the complainant issued the satisfaction note on 02/09/2015. The latest invoice dated 10/02/2016 shows that the vehicle had already run 41,685 km and wherein it is shown as running repair, more ever there is no technical evidence on record to establish that there is manufacturing defect. - Hence under these circumstances we are of the opinion that, there is no deficiency of service by the opponents, the complainant is not entitled to get any reliefs as sought in the complaint. Accordingly we answer point No.1 and 2 in NEGATIVE.
- Point No.3:- In view of the reasons and the findings recorded on point Nos.1 and 2 we hold that the complaint deserves to be dismissed in the ends of justice. Hence in the final result we proceed to pass the following;
O R D E R - Complaint filed by the complainant is DISMISSED.
- No order as to cost.
- Issue the copy of this order to the party at free of cost.
(Dictated to the Stenographer and got it transcribed and corrected and pronounced in the open Forum on this 22nd day of November 2015) (LATHA.M.S.) (V.A. PATIL) MEMBER PRESIDENT ANNEXURE Sl.No. | Documents | Date | 01 | Vehicle History sheet | 09/10/2015 | 02 | Satisfaction note | 02/09/2015 | 03 | I.G. workshop card | 10/02/2016 |
(LATHA.M.S.) (V.A. PATIL) MEMBER PRESIDENT | |