BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 18 of 2016

            Sri Kishore Hore

            M.E.S Colony, Kumbhirgram

            P.O- Udharbond, Cachar, Assam …………………………………          Complainant.

                                                                        -V/S-

                 1.    T.V.S Motor Co. Ltd., Represented by its Managing Director,

                        Jayalaksmi Estate, 1^st Floor, No.29,

                        Haddows Road, Chennai, Tamil Nadu …………………….         O.P No.1.

                2.     Subhendu Kumar Basak, Prop. M/S. T.V.S. Smart wheels,

                        Authorised main dealer of T.V.S Motor Ltd.                                 O.P No.2

                        Show Room & Workshop, Sonai Road, Silchar-788006.             

                3.     Smart T.V.S North East Bazar,

                        Durganagar Pt.IV, Silchar Road, Udharbond.                              O.P.No.3

Present: -                    Sri Bishnu Debnath,                                                 President,

District Consumer Forum,

                                                Cachar, Silchar.                                            

                                                            Shri Kamal Kumar Sarda,                           Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                            

                       Appeared :-     Sri Bappaditya Bhattercherjee, Advocate for the complainant.

Sri Souman Choudhury, Advocate for the O.P.No.1

None for O.P.No. 2 & 3

                                                 Date of Evidence                              05-03-2018, 09-04-2018

                         Date of written argument                03-08-2018

                         Date of oral argument                     19-11-2018, 02-03-2019 (not argued)          

                         Date of judgment                             14-03-2019

JUDGMENT AND ORDER

                  Sri Bishnu Debnath,

1. Sri Kishore Hore purchased a T.V.S Scooty Pept on 31/08/2013 from Smart T.V.S North East Car Bazar, Udharbond, Silchar for Rs.25,000/-. Subsequently, the said vehicle was giving trouble to the Complainant continuously due to manufacturing defects. The description of the said vehicle is as follows:- Product- T.V.S Scooty Pept+, Engine- No. 063BD2976119, Chassis No.- MD626BG3XD2B50030, Year of Manufacturing- 2013, The Registration No. of the vehicle- AS-11-H-1481.
2. Due to aforesaid complaint of the said vehicle the Complainant send the vehicle in several occasions to authorized dealer M/S TVS Smart Wheels, Silchar for repairing/maintenance but no improvement. Hence, the Complainant requested the O.P. No.2 , Sri Subhendu Kumar Basak, the proprietor of M/S T.V.S Smart Wheels for replacement with a new one, as the same was suffering from manufacturing defects vide his letter dated 07/04/2013. He also informed the O.P.No.3, Smart T.V.S North East Car Bazar that the engine of the said vehicle is defective. As nothing improved, the Complainant send Lawyer’s notice dated 16/09/2014 to the IO.P.No.2 & 3. Similarly another notice issued to the O.Ps on 29/12/2014.
3. However, on 20/01/2015, the O.P.No.2 at the request of the Complainant received the said vehicle for doing necessary work, but nothing improved. Rather the Complainant hardly ply the vehicle for a few days only. Lastly, the O.P.No.2 & 3 repaired the vehicle on 05/05/2015. But same also proved to be in vain. Not only that the O.P.No.2 & 3 at the time of handing over the vehicle after so called repairing retain the user manual in the office of the O.P.No.2 and said user manual yet not returned. Lastly on 1^st march 2013, the Complainant send another lawyer’s notice to the O.Ps through Regd. Post with A/D demanding inter alia for replacement of defected vehicle with a new one or return the purchased price of Rs.25,000/- with interest @ 15% per annum. But the O.Ps have remained completely silent as to the demand of the Complainant aforesaid. Hence, the instant case has been brought against the manufacturer T.V.S motor Co. Ltd., Tamil Nadu, the authorized service dealer, Subhendu Kumar Basak and seller of the T.V.S. vehicle North East Car Bazar.
4. Notice issued to all the 3 (three) O.Ps but except O.P.No.1 other O.Ps remained absent without any steps. So, this case has been proceeded exparte against O.P.No.2 & 3 vide order dated 07/10/2016 and 07/04/2017 respectively.
5. The O.P.No.1 submitted W/S. In the W/S the O.P.No.1 stated inter alia that a vehicle cannot be replaced as until and unless the complainant proved the fact that the vehicle is suffering manufacturing defect and same to be covered by warranty. In the W/S it is further stated that the Complainant did not disclosed specifically what type of trouble he was facing by using the aforesaid vehicle. For the aforesaid reason with other the O.P.No.1 in the W/S specifically denied the allegation of disservice etc. and prayed to the District Forum to dismiss the case against the O.P. NO.1 as there is no cause of action.
6. During hearing, the Complainant submitted deposition and Exhibited some documents including one acknowledgement letter of Service Manager of O.P.No.3, vide Ext.3. The O.P.No.1 did not submit any evidence. I have allowed many dated for submission of evidence and written argument but O.P.No.1 did not avail the scope. However, the Complainant has submitted written argument and I also heard oral argument of the Ld. Adv. of the Complainant.
7. In this case in view of W/S and complaint it is concluded that the Complainant purchased the aforesaid vehicle from O.P.No.3 and after few days of purchased the vehicle was giving trouble for which he approached to both the O.P.No.2 & 3. This is also supported in view of content of Ext.3 because in the Ext.3 the Service Manager of O.P.No.3 acknowledge the fact which is reproduced below:-

“ We declare that we have already repaired the Scooty Make: T.V.S Motor Company Ltd., Hosur, Chassis No. MD626BG3XD2B50030, Engine No. 063BD2976119 4(Four) times as there were some defects in engine of the sane terend just after selling of it on 31/08/2013.

Again to-day, the 25^th July, 2014 we are going to repair the said scooty the leakage of engine oil and obstruction in engine knocked while recurring in full speed.

We have delivered the Smart Card No.As.11H1481 today the 25^th July,2014.”

8. The aforesaid fact in Ext.3 makes it crystal clear that the vehicle was giving trouble due to defect in engine. Thus, plea of the O.P.No.1 as stated in W/S is not taken into consideration as material in the record and as such it is the liability of O.P.No.1,2 and 3. They are both severally and jointly liable to replace the said vehicle with a new vehicle of same model or in alternative they are liable to repay the sell price of Rs.25,000/- (Rupees Twenty Five Thousand) only to the Complainant. Not only that they are also both severally and jointly liable to pay compensation of mental agony to the tune to Rs.10,000/-(Rupees Ten Thousand) only and cost of the proceeding of Rs.4,000/- (Rupees Four Thousand) only.
9. With the above the O.Ps are directed to make arrangement for replacement of the vehicle with a brand new one or in alternative make arrangement for repayment of sale price and compensation within 30 days from today.
10. With the above, the case is disposed of without contest but on merit. Supply free certified copy of judgment to the parties.  Given under my hand and seal of this District Forum on this the 14^th day of March,2019.