Challenge in this Revision Petition, by Maruti Suzuki India Ltd., the Manufacturer of the vehicle in question, viz. Maruti Grand Vitara, is to the order dated 08.06.2015, passed by the Kerala State Consumer Disputes Redressal Commission at Thiruvananthapuram (for short “the State Commission”) in First Appeal No. 55/2014. By the impugned order, the State Commission has affirmed the order dated 09.12.2013, passed by the District Consumer Disputes Redressal Forum at Kollam (for short “the District Forum”) in Complaint Case No. 178/2008. By the said order, while partly allowing the Complaint, filed by Respondent No.1 herein, alleging manufacturing defects in the afore-stated vehicle, purchased by her from Respondent No.2 on 22.11.2007 for ₹16,58,998/-, the District Forum had directed the Petitioner to refund to the Complainant the afore-noted cost of the vehicle, with interest @ 12% p.a. from the date of filing of the Complaint; ₹10,000/- towards compensation; and ₹2,000/- as costs of litigation. In arriving at the finding that the vehicle did have manufacturing defects, both the Forums below had relied on the report dated 20.11.2008 by one Dr. J. Nazar, stated to be working in the Department of Mechanical Engineering at T.K.M. College of Engineering, Kollam. He was appointed as an Expert by the District Forum to inspect the vehicle and submit his report on the condition of the vehicle, particularly on certain points noted in his report. Hence, the present Revision Petition. Since one of the main grounds, on which the correctness of the orders, passed by the Fora below, had been questioned by the Petitioner, was that the said Dr. Nazar was not an Expert in Automobile Engineering, competent to diagnose the defects, if any, in the vehicle, after hearing learned Counsel for the parties and on perusal of the job cards on record, for an effectual adjudication of the controversy, subject matter of this Petition, vide order dated 21.10.2016, on the consent of learned Counsel appearing for the parties, we had requested the Director of Automobile Research Association of India (ARAI), Pune to depute a Technical Engineer to inspect the vehicle and submit his report as to whether the vehicle suffers from any manufacturing defects, relatable to the defects recorded on the job-cards, in particular the serious complaint of the left side pulling of the vehicle. In furtherance of the said order, inspection report has been received from the Dy. General Manager, ARAI, vide his letter dated 15.06.2017. As per the report, the vehicle was inspected by Deputy Manager, Manager and Sr. Deputy Director & Head of the ARAI on 08.06.2017. On a detailed vehicle evaluation, the Experts have made the following observations insofar as the alleged defects in the vehicle are concerned: “5.0 Observation on the Inspection Whether the vehicle pulls on left side while driving on normal road condition? No. It was observed that the vehicle was travelling in a straight line when driven at various speeds ranging from 50 km/h to 90 km/h. It was also observed that the vehicle was travelling in a straight line during normal/gradual application of the brake and at emergency braking situations. No abnormal behavior of the vehicle during trial was observed. …” It is manifest from the afore-extracted observations that insofar as the major complaint of pulling of the vehicle to the left side while driving is concerned, it has been opined in the report that when the vehicle was driven at a speed ranging between 50 km/h and 90 km/h, it was travelling in a straight line during normal and gradual application of the brake and at emergency braking situations. We have heard learned Counsel for the parties. Commenting on the said report, learned Counsel appearing for the Complainant has submitted that since the nature of the repairs carried out in the vehicle during the period the same was in the Dealer’s Authorized Workshop has not been disclosed, the Complainant is still apprehensive that the same defects may reoccur after some time. Having bestowed our anxious consideration to the facts at hand, we are of the view that the report submitted by the Experts in the Automobile Sector, nominated by the Director, ARAI, in deference to our request, has to be given weightage over the report submitted by Dr. Nazar, appointed by the District Forum to carry out the inspection. In that view of the matter, in the light of the afore-extracted report by the said Experts of ARAI, the finding returned by both the Forums below to the effect that the vehicle in question suffered from the manufacturing defects cannot be sustained. The said finding is set aside accordingly. Having arrived at the said conclusion, the question surviving for consideration is how the Complainant is to be compensated for the harassment caused to her for taking the vehicle for repairs to the workshop a number of times, when the vehicle had only run for approximately 22,000 kms. Regard being had to the fact that some vital parts of the front assembly had to be replaced, though free of charge, we are of the view that the Complainant was deprived of the use of the vehicle for some time and was put to inconvenience. In our opinion, a direction to the Petitioner to: (i) bear the entire expenses of the Experts appointed by this Commission; (ii) provide two years extended warranty, commencing from 01.11.2017, in respect of the vehicle in question; and (iii) pay to the Complainant litigation expenses, quantified at ₹20,000/-, shall meet the ends of justice. It is ordered accordingly. The costs shall be remitted by the Petitioner to the Complainant within four weeks. Resultantly, the Revision Petition is allowed and the order of the State Commission is set aside to the extent indicated above.
At this stage, learned Counsel appearing for the Petitioner submits that the total cost of the vehicle in question, i.e. ₹16,58,998/-, is lying in deposit with the State Commission. That being so, on Petitioner’s filing an appropriate application in this behalf, the State Commission shall forthwith release the amount, if any, deposited by the Petitioner, along with accrued interest, if any. |
