BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ADDITIONAL BENCH, MANGALORE
Dated this the 15th December 2016
PRESENT
SRI.VISHWESHWARA BHAT D : HONBLE PRESIDENT
SRI. T.C. RAJASHEKAR : HONBLE MEMBER
ORDER IN
C.C.No.169/2013
(Admitted on 15.06.2013)
Mr. Abdul Azeez,
S/o P.A. Bava,
Aged 39 years,
Door No.8.9, Site No.240, IInd Block,
Katipalla, Mangalore 575015.
….. COMPLAINANT
(Advocate for the Complainant: Sri ANN)
VERSUS
The Proprietor,
Matrix Auto Corporation,
Manjushree, Kodialbail,
Mangalore 575003.
…...........OPPOSITE PARTY
(Advocate for the Opposite Party: Sri.SK)
ORDER DELIVERED BY HONBLE MEMBER
SRI. T.C. RAJASHEKAR:
I. 1. The above complaint filed under Section 12 of the Consumer Protection Act alleging deficiency in service against claiming certain relief opposite party to pay the repair charges of Rs.41,477 with interest thereon from the date of accident i.e. 23.11.2012 till deposit, to pay Rs.5,000/ towards cost of this proceeding.
2. In support of the above complainant Mr. Abdul Azeez affidavit evidence as CW1 and answered the interrogatories served on him and produced documents got marked as Ex.C1 to C8 detailed in the annexure here below. On behalf of the opposite party Mr. Kiran M. Shetty (Rw1) Manager Service Honda Matrix also filed affidavit evidence and answered the interrogatories served on him.
The brief facts of the case are as under:
On perusal of the complaint and the version of the parties we understood the dispute as the complainant two wheeler met with an accident and later given for repair with Opposite party. After the delivery of the vehicle within few days while running the engine suddenly got stopped and could not able start. This is due to the Opposite party not done proper service when given for accidental repair. The Opposite party contradicts the complainant allegation by stating that they have not attended any repair related to engine to cause any damage to the engine, the complainant after purchasing the vehicle in July 2010 and came for first time service on 06.06.2012 for accidental repair. Hence the vehicle not maintained properly due to which the problem in the engine occurred. These being the facts of dispute we consider the following
POIINTS FOR ADJUDICATION
On traverse through the documents and evidence on record the admitted facts are, the complainant vehicle purchased on July 2010 met with an accident and left for repair with the Opposite party. The Opposite party after giving estimation to the insurance company, repaired the vehicle and delivered on 23.11.2012. The Opposite party charged Rs 41,477/ as repair charges and paid by the complainant. Later after few days of repair on 28.11.2012 the complainant brought the vehicle on complain of engine related problem and it is solved by the Opposite party. Again brought for repair on 26.12.2012 and 30.01.2013 to the Opposite party service center with the same problem. The denied facts are the Opposite party denies the deficiency in service on the part of the opposite party on repair of the vehicle and the problem with engine is due to negligent of the Opposite party s service, and denies they have attended any repair related to engine. The complainant denies the bad maintenance of the vehicle and not getting service periodically as per manual. It is not denied the complainant as consumer, the purchase of the vehicle and given for repair with the Opposite party by the complainant. It is admitted the complainant is the consumer. After balancing the admissions and denials we consider the following points for adjudication of this dispute:
- Whether the complainant proves deficiency in service from the part of the opposite party
- Whether the complainant is entitled for the prayed relief?
- What order?
On careful consideration of the evidence and documents and hearing the parties we answered the above points as under.
- In the affirmative
- In the affirmative in part
- As per delivered order.
REASON
POINT NO 1: The specific allegation of the complainant is that after the Opposite party repaired the vehicle given for repair after it met with the accident, committed error by not repairing it properly even after charging Rs 41,477/ and because of this negligence the complainant s vehicle started giving problem with the engine like starting trouble and rough noise. In spite of repaired for two times the problem not rectified. Hence the first time repair charges of Rs 41,477/ the Opposite party had to refund. To establish his case he has produced EX C1(a) to C1(e) the repair bill of Opposite party and EX C6 and 7 the job card and the repair bill which he paid on repair of the engine with the Planet Motors, Suratkal. The Opposite party’s main contention is they have not attended any repair in relation to engine and the problem with the engine is not because of their negligence in repair. the Opposite party relies on the document EX C1(a) to C1(e) and EX C6 and 7 produced by the complainant and submits that the spares and the labour work mentioned in EX C1(a) to C1(e) none of them is related to engine except the crank case, the outer guard for the engine which is replaced on being damaged in the accident. EX C6 and 7 the repaired item connected with inner part of the engine not at all touched by them. If at all any problem with the engine it is because of not maintained the oil level or improper servicing done as per specification. The Opposite party also states that in Para 3 eighth line It is categorically informed to the complainant while taking the vehicle itself that accept changing of crank case which is damaged in the accident no work pertaining to engine has been carried out
2. Now it is agreed by both the parties that there was no damage caused to the engine in the accident. It is also born by record EX C6 and EX C 7 The planet Honda Motors’s Job card and the bill for repair undertaken that, the complainant had undertook some repair work related to engine to solve his problem related to engine. these exhibits shows that the Piston and the crank shaft has been replaced to solve the problem related to engine. we take a pause at this juncture to know what is Crank case and what is its part and role in the engine. we have taken the help of Wikipedia in Small Engine Information .Site Map which states that the crankcase is the housing for the crankshaft. The crankcase is located at the bottom of the cylinder block. It can be molded as a part of the block, or bolted on separately. The primary purpose of the crankcase is to enclose and support the crankshaft. The crankcase will have parallel holes bored into its two ends. The ends of the crankshaft will be supported by these holes, either directly, or by bearings that have first been fitted snugly into the crankcase holes; the ends of the crankshaft will then rest against the inner races of these bearings (BEARINGS).
3. Another important function of a crankcase is to hold engine oil. Oil is dispensed through a fill tube into the crankcase, and as the engine runs, is used to lubricate internal parts like the connecting rod bearings, piston, and camshaft assembly. Oil seals are installed in the crankcase where the crankshaft ends protrude through to prevent oil from leaking out during operation. Because the crankcase is used as an oil reservoir, it will sometimes be called a sump (OIL FILL).
4. Frequently, especially in four-stroke engines, a crankshaft will be supported on one end by the crankcase and on the other by a crankcase cover. The crankcase cover is bolted to the bottom of the crankcase. It will possess a hole in its centre to support one crankshaft end which will almost always contain a bearing. The crankcase cover is removable to allow for internal engine maintenance.
For the crankshaft to turn properly during engine operation, the holes in the end of the crankcase and crankcase cover must be absolutely parallel in their alignment. To accomplish this, small steel pins called alignment dowels are fitted between the crankcase and the crankcase cover to hold these sister parts perfectly still as bolts are inserted and tightened to proper torque(TORQUE). Besides protecting the crankshaft and connecting rods from foreign objects, the crankcase serves other functions, depending on engine type. These include keeping the motor oil contained, usually hermetically or nearly hermetically (and in the hermetic variety, allowing the oil to be pressurized); providing the rigid structure with which to join the engine to the transmission; and in some cases, even constituting part of the frame of the vehicle (such as in many farm tractors).
5. From the above information as emanated we are of the view that the crank case is an important part of the engine and it has direct effects on the performance of the engine. while scanning through the EX C1(a) to C1(e) it is noticed that there is work related to crank case and there is a major work costing Rs 2000/ of labour charges which is levied in the bill. Undoubtedly the Opposite party has done major work related also to engine. If there is any short coming in the repair work, there is every possibility of problem in the engine. It is also seen form the EX c6 and EX C 7 there was problem with the piston and crank shaft and the same is replaced. From the above mentioned technical issues related to the crank we grasped the importance of crank case in which the crank shaft is protruded. And in the accident if the impact is more then there bound to damage for the engine crank shafts. Also even if there is no impact on crank shaft, if the crank shaft not fitted properly as technically as highlighted above there will be problem of oil starvation, engine noise due to uneven balancing, or due to uneven movement of shafts inside the crank case will lead uneven wear and tear.
6. Since admittedly the problem started within five days of repair and in spite of attending the problem continued we are of the opinion that the problem of the engine is either due to the Opposite party not inspected the engine when opened the crank case on accidental repair or not assembled the crank shaft properly while changing the crank case. Hence we are of the opinion that the Opposite party is liable for deficiency in service and the point no 1 in the affirmative.
POINT NO 2: As per above discussion we are of the opinion that there is negligence on the part of the opposite party in attending the repair work and caused problem to the complainant. The complainant has to get repair once again and spend an amount of Rs 6401+ 1243 totaled Rs 7644 as per for which the complainant is entitled to be reimbursed by the Opposite party with an interest of 10% per annum from the date of spending till the date of payment. Also as we seen there is negligence on the part of the Opposite party the Opposite party is liable to pay an amount of Rs 15000/ towards compensation and Rs 10000/ towards litigation expenses. Hence the point no.2 in partly affirmative.
POINT NO 3: In the light of above discussion and the adjudication of points we pass the following.
ORDER
The complainant is allowed in part. The Opposite party shall pay the complainant an amount of Rs 7,644/(Rupees Seven thousand Six hundred Forty Four only) with an interest of 10% per annum form the date of spending till the date of payment and an amount of Rs 15,000/ (Rupees Fifteen thousand only) towards compensation and an amount of Rs 10000/ (Rupees Ten thousand only) towards litigation expenses within 30 days from the date of order received.
Copy of this order as per statutory requirements, be forwarded to the parties free of cost and file shall be consigned to record room.
(Page No.1 to 10 directly typed by member revised and pronounced in the open court on this the 15th December 2016)
MEMBER PRESIDENT
(SRI. T.C. RAJASHEKAR) (SRI.VISHWESHWARA BHAT D)
D.K. District Consumer Forum D.K. District Consumer Forum
Additional Bench, Mangalore Additional Bench, Mangalore
ANNEXURE
Witnesses examined on behalf of the Complainant:
CW1 Mr. Abdul Azeez
Documents marked on behalf of the Complainant:
ExC1: : Copy of the repair Bills issued by opposite Party No.1
ExC2: : True copy of policy of above vehicle issued by United Insurance C0., Ltd.,
ExC3: : Copy of the R.C of above vehicle
Ex.C4: : Copy of legal notice issued to opposite Party No.1 with postal receipt and postal acknowledgment
Ex.C5: : Reply of the opposite party No.1
Ex.C6: : Original copy of Job Card No.20969 Dated 23.7.2013
Ex.C7: : Original copy of Bill No.50136, 50137 Dated 24.7.2013
Ex.C8: : Xerox copy of VAT Registration Certificate
Witnesses examined on behalf of the Opposite Party:
RW1: Mr. Kiran M. Shetty Manager Service Honda Matrix
Documents produced on behalf of the Opposite Party:
Ex.R1: Copy of the Estimate/Quotation
Ex.R2: copy of the Jab Card
Dated: 15.12.2016 MEMBER
