By Smt. Beena. M, President (In charge)
This is a complaint preferred under Section 35 of the Consumer Protection Act 2019.
2. Brief facts of the case are as follows:- The above number Complaint is filed by a co-operative society named Chithramoola Ksheerolpadaka Sahakarana Sangam through its secretary. The case of the Complainant is that the society and its members are local farmers and the society is exclusively to facilitate the farmers to find out market for selling milk to get sufficient price for their milk and thus the society is doing the works such as collecting milk from the farmers and selling it to the various customers so that the farmers can sustain in the field of production of milk and not intend for commercial purpose and the business of the society is exclusively to facilitate their livelihood. The complainant society purchased a three-wheeler goods vehicle from the opposite party after perusing the quotation and paid Rs.2,93,875/- They issued a warranty of 42 months or 1,20,000 Kilometer whichever is earlier. The registration number of the vehicle is KL/12 N 3151. From the day of purchase of the vehicle itself the petitioner noticed so many complaints and had spent money towards repairs. Several time the complainant had to take the vehicle to Kannur and to the authorized work shop at Parakkal in Wayanad for the purpose of repairs, but due to lack of spare parts, the vehicle could not be repaired properly by the first Opposite Party in time. Due to several Complaints from many purchasers, the branch of the Opposite Party No.2 at Wayanad was closed and hence whenever complaint arose to the vehicle, on several occasions the vehicle had to be taken to Kannur and thereby the complainant sustained huge loss. The complainant is not in a position to use the vehicle anymore due to the huge expenses towards the repairs due to its manufacturing defect and low-quality parts of the vehicle. Since the vehicle broke down on many occasions, the complainant was forced to take other vehicles for rent and on that account also lost huge amounts. So, the complainant approached this Commission with prayer to get refund of the purchase amount of Rs.2,93,875/- and the repair cost of Rs.1,00,000/- and compensation of Rs.1,00,000/-.
3. After the admission of the Complaint, Commission issued summons to the Opposite Parties for their appearance. The Opposite Parties entered appearance on 23/12/2023 and sought time for version. Commission allowed the prayer of the Opposite Parties and case posted to 19/01/2023 and 25/01/2023 for filing version. The Opposite Party failed to file version within stipulated time. When the case was posted for evidence of the Complainant, Opposite Parties filed version with petition which was dismissed.
4. Complainant filed proof affidavit along with 33 documents which were marked as Ext A1 to A33 and she was examined as PW1.
5. According to the Complainant, from the very same day of the purchase the vehicle itself had defect. Thereafter, the authorized workshop of the Opposite Party No.2 was closed down, then as per the direction of the Second Opposite Party the Complainant entrusted the vehicle at Mananthavady and other workshops suggested by them. Even after repeated repairs till the complaint subsists.
6. The instant case was filed on 20.10.2022, even though the Complainant was not specifically mentioned the date of cause of action, but on presumption the cause of action arose on the date shown in Ext A3. Moreover, as per the order of Hon’ble Supreme Court in W.P.(c).No. 3 of 2020 (civil) dated 23.03.2020 for Covid-19 Pandemic and subsequent orders due to Covid-19 virus as passed in M.A.21 of 2022, arisen out of SMWP No. 3 of 2020 (Civil), the period of limitation was extended time to time by the Hon’ble Supreme Court ie, the entire period from 15/03/2020 to 28/02/2022 was excluded for the purpose of calculating period of limitation. Here, the instant case was filed on 20/10/2022, therefore considering the above discussion, we are of the view that the instant case was filed within the period of limitation.
7. Here, the Complainant duly proved on the file with copy of bill dated 27/07/2020 by Ext A2 that the vehicle was purchased from the Opposite Party No.2 which was manufactured by the Opposite Party No.3. Further the Complainant proved on record that the said vehicle got repaired many times and incurred an amount of Rs. 32,156/- as repair charge by producing Exts.A3 to A15. From the copy of bill Ext. A16 to A33 the Complainant proved that they have spent Rs. 66,800/- for the rent given for another vehicle.
8. Here, the Opposite Party has not filed version within the statutory period. Hence, we are constrained to rely on the sworn Proof Affidavit and documents filed by the Complainant. It is the bounden duty of both the manufacturer and the dealer to attend to the defect of the vehicle and make it a defect-free vehicle. If they are not in a position to do so, they should refund the cost of the vehicle. Here, the Complainant suffered lot of inconvenience due to the defect of the vehicle. The Opposite Parties miserably failed either to rectify the defects of the vehicle or to refund the price of the vehicle, even when the vehicle is under the warranty period. In our view, the act of the Opposite Party in not curing the defect of the vehicle amounts to deficiency in service. Here, the Complainant claim an amount of Rs. 1,00,000/- incurred by him as repairing charges. Even though the Complainant claims 1,00,000/- he has produced bills only for Rs. 32,156/-.
9. Things being so, we are of the view that the Second and Third Opposite Parties are liable to refund the price of the vehicle. Having found there was deficiency in service on the part of the first and third Opposite, the Complainant is entitled to get compensation for the deficient service and for the inconvenience suffered by the Complainant, we fix the compensation of Rs.40,000/-. She is also entitled to get Rs. 66,800 the amount spent by the Complainant for hiring other vehicles in place of the defective vehicle.
10. The Complainant has spent money to contest this case before this Commission. Therefore, we find that the Complainant is entitled to get costs of this proceedings, which we fix at Rs.8, 000/-.
In the result, the Complaint is partly allowed and
- The Second and Third Opposite Parties jointly and severally are
directed to refund Rs.2,93,875/- (Rupees Two Lakhs Ninety Three thousand Eight hundred and Seventy Five only) towards the price of the vehicle, accepting the vehicle from the Complainant.
- The Second and third Opposite Parties are jointly and severally
directed to pay Rs.32,156/- (Thirty Two thousand One hundred and
Fifty Six only) towards repair charges paid by the Complainant
- The Second and Third Opposite Parties are jointly and severally
directed to pay Rs.1,06,800/-(Rupees One Lakh Six thousand and Eight hundred only) towards rent in respect of the hired vehicle and compensation (66,800+40,000).
- The Second and Third Opposite Parties are also directed to pay an
amount of Rs.8,000/- (Rupees Eight thousand only) towards costs of the proceedings to the Complainant.
The above order shall be complied within 30 days from the date of receipt of this order, failing which the amounts shall carry interest @ 8 p.a. from the date of this order till the date of realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me
and pronounced in the Open Commission on this the 7th day of July 2023.
Date of filing: 20.10.2022.
PRESIDENT (I/C) : Sd/-
MEMBER: Sd/-
APPENDIX.
Witness for the Complainant:
PW1. Saritha. K.D. Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the Complainant:
A1 Copy of Certificate of Registration.
A2. Copy of Quotation. dt:27.07.2020.
A3. Copy of Bill. dt:03.12.2021.
A4. Copy of Bill.
A5. Copy of Bill. dt:15.01.2022.
A6. Copy of Bill. dt:02.02.2022.
A7. Copy of Tax Invoice. dt:26.02.2022.
A8. Copy of Bill. dt:30.03.2022.
A9. Copy of Bill. dt:11.05.2022.
A10. Copy of Invoice. dt:31.05.2022.
A11. Copy of Tax Invoice (Page 1) dt:20.06.2022.
A12. Copy of Tax Invoice (Page 2) dt:20.06.2022.
A13. Copy of Tax Invoice. dt:08.07.2022.
A14. Copy of Tax Invoice. dt:08.07.2022.
A15. Copy of Tax Invoice. dt:08.07.2022.
A16. Copy of Voucher No.1 dt:01.12.2021
A17. Copy of Voucher No.2. dt:01.02.2022.
A18. Copy of Voucher No.2 dt:01.02.2022.
A19. Copy of Voucher No.7. dt:02.02.2022.
A20. Copy of Voucher No.7. dt:02.02.2022.
A21. Copy of Voucher No.48. dt:24.02.2022.
A22. Copy of Voucher No.49. dt:24.02.2022.
A23. Copy of Voucher No.54. dt:26.02.2022.
A24. Copy of Voucher No.56. dt:27.02.2022.
A25. Copy of Voucher No.57. dt:27.02.2022.
A26. Copy of Voucher No.56. dt:27.02.2022.
A27. Copy of Voucher No.6. dt:03.06.2022.
A28. Copy of Voucher No.21. dt:12.06.2022.
A29. Copy of Voucher No.26. dt:14.06.2022.
A30. Copy of Voucher No.49. dt:23.06.2022.
A31. Copy of Voucher. dt:08.07.2022.
A32. Copy of Voucher. dt:10.07.2022.
A33. Copy of Voucher. dt:13.07.2022.
Exhibits for the Opposite Parties:
Nil.
PRESIDENT (I/C): Sd/-
MEMBER : Sd/-
