IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday, the 30th day of July, 2016.
Filed on 04.03.2015.
Present
1) Smt. Elizabeth George (President)
2) Sri. Antony Xavier (Member)
3) Smt. Jasmine D (Member)
in
CC/No.71/2015
Between
Complainant: Opposite parties:
Sri.Basheer M. 1. Herculies Automobiles Int’L(P)L
Kandathil House, (Authorised Maruthi Dealer),
Thuravoor P.O. Sanathanapuram P.O.
Cherthala, Alappuzha – 688532 A.C. Road, Kalarcode
Alappuzha – 688003.
(By Adv. C. Parameswararn)
2. Maruthi Suzuki India Limited,
Plot No.1, Nelson Mandela Road,
Vasant Kunj, New Delhi – 110070.
(OR)
(Service Division)
Maruthi Suzuki India Limited,
Palam Gurgaon Road,
Gurgaon – 122015, Hariyana.
O R D E R
SMT.ELIZABETH GEORGE (PRESIDENT)
The case with the complainant is as follows:-
1. The complainant had booked a Maruthi Suzuki Swift Dezire Vehicle on 17/1/2015 and has particularly demanded for a 2015 model vehicle. Complainant also instructed that the glasses of the vehicle should have BF print that means 2015 model. Complainant went to purchase the vehicle on 18/2/2015 and he noted that all the door glass except the left one had defective glasses. The year of manufacturing is shown as BE (2014) that this defect may be caused due to manufacturing defect or may be manufactured during the year 2014 or got replaced due to accident before delivery. The complainant insisted the 1st opposite party to replace the defective vehicle with a new one at the time of delivery or refund the price of the vehicle. But the opposite party refused to do so, hence the complaint.
2. Version of the opposite parties is as follows:
There is no deficiency in service on the part of the 1st opposite party. There is no manufacturing defect to the vehicle manufactured by the 2nd opposite party and denied that BE & BF engrossed on the glasses of vehicle denotes the year of manufacture of vehicle. In the instant case, the certificate (form 21 Rules 47 (a) and (d) issued by OP No. 1 for registration of vehicle at the time of purchase carries the month and year of manufacture of the vehicle in question. The complainant has filed the present complaint on conjecture and surmises. The complainant is not entitled for the refund of price and compensation. The 2nd opposite party also filed version adopting the contentions of the 1st opposite party in addition to that the 2nd opposite party stated that the complainant has failed to place any material on record to substantiate the case against 2nd opposite party. There is no cause of action between the complainant and 2nd opposite party. The complainant has not suffered due to any act of omission or commission on the part of the 2nd opposite party.
3. The complainant was examined as PW1. Documents produced were marked as A1 to A7. The 1st opposite party was examined as RW1. One witness was examined as RW2.
4. It is an admitted fact that complainant had purchased Maruthi Suzuki Swift Dezire vehicle from the 1st opposite party. According to the complainant the glasses fitted in the vehicle denotes the year of manufacturing of the vehicle and the vehicle delivered have defective glasses manufactured during the year 2014 that is BE, except one glass manufactured during 2015 that is BF. He further stated that since glasses had code no.BE the defect caused due to the manufacturing or may be manufactured during the year 2014 got replaced due to accident before delivery. Complainant produced the documents containing the symbols for the manufacturing years which marked as Ext.A7. It shows that the Code for 2014 is ‘E’ and for 2015 is ‘F’. The contention of the opposite party is that the month and year of the manufacture or model of the vehicle is mentioned in the Form 21 issued by the 1st opposite party at the time of purchase of vehicle. The year of model is also mentioned in the Registration Certificate issued by the concerned Regional Transport Authority. While cross examining the complainant as PW1, he admitted that in Form no.21 and also in the Registration Certificate 2015 model is stated.
5. It is an admitted fact that all the glasses except one door glass has code no.BE2014 and the complainant also admitted that the glasses can be taken off from the vehicle. From the above discussion it is clear that the vehicle is manufactured in the year 2015 but the glasses except the glass on left side of the vehicle was on 2014 model. If the complainant booked a 2015 model vehicle glasses also should be 2015 model. In this case the glasses fitted on the vehicle were made in the year 2014. The delivery of vehicle 2015 model with the glasses of 2014 model is not a good practice and it amounts to deficiency in service.
6. In the result complaint is allowed. The opposite parties are directed to replace the glass with BF model without causing any damage to the vehicle to the satisfaction of the complainant. Failing which the opposite parties are directed to give Rs.6,000/- (Rupees sis thousand only) towards compensation to the complainant. The opposite parties are further directed to pay Rs.2,000/- (Rupees two thousand only) towards the cost of proceedings to the complainant. The opposite party shall comply with the order of this forum within 30 days of receipt of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in Open Forum on this the 30th day of July, 2016.
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt. Jasmine.D (Member)
Appendix:
Evidence of the complainant:
PW1- Basheer M. (witness)
Ext. A1 - Copy of the temporary certificate of Registration.
Ext.A2 - Form TR5(c) (See Rule 90(a) of KTC)
Ext.A3 - Sale certificate of Maruti swift Dzire VXI BS IV
Ext.A4 - private Car – Package Policy Schedule
Ext.A5 - Vehicle Data Sheet
Ext.A6 - Vehicle invoice
Ext.A7 - statement of Maruthi Suzuki year wise manufacturing code
Evidence of the opposite parties:
RW1 - Sanforsha (Witness)
RW2 - Assar Mohammed P.M.
-//True Copy//-
By Order,
To
Senior Superintendent.
Complainant/Opposite parties /S/F
Typed by: Pj/-
Compd by :
