Present: 1. Sri.P.K.Sasi, President.
2. Smt. Sheena.V.V, Member.
3. Sri.M.P.Chandrakumar, Member
19th day of June 2015
C.C.118/13 filed on 6/3/2013
Complainant : Sony George, W/o.O.P.Yohannan,
Chiriyankandath House, P.O.Thazhekkad,
Irinjalakuda, Thrissur.
(By Adv.M.T.Thambi, Thrissur)
Opposite Parties : 1. Manager, Sri.Ganapathi & Company,
Authorized dealer of BSA Motors, Kattoor
Road, Irinjalakuda, Thrissur.
2. Managing Director, B.S.A.Motors,
(Division of Tube investments India Ltd.,)
Post Bag No.5 MTH Road,Ambattur,
Chennai.
O R D E R
By Sri.P.K,.Sasi, President
The case of the complainant is that she has purchased BSA e Scooter from the 1st opposite party who is the authorized dealer. The 2nd opposite party is the manufacturer of the scooter. On 22/11/11 the complainant the scooter with the 1st opposite party and he has issued a pre-delivery assurance note and a certificate to operate the scooter without driving licence. On 6/3/12 the 1st opposite party delivered the vehicle to the complainant on payment of Rs.32,000/-. At the time of purchasing the vehicle the opposite party promised and assured mileage of 70 kms. The 2nd opposite party offered 12 months warranty to scooter and battery. At the initial stage itself the vehicle showed very poor performance and less mileage. At last the complainant got mileage of the vehicle is below 5kms. per charge. As per the owner’s manual the vehicle has to conduct 6 periodical scheduled maintenance services. Out of that 3 were free services and other 3 were paid services. For availing 1st free service the complainant brought the vehicle to the 1st opposite party office but it was found in a locked condition. When enquired regarding that matter, the complainant could not find out any whereabouts regarding the 1st opposite party. So the complainant could not conduct free services in time. The opposite parties have an obligation to inform the complainant regarding the changes of their address if any or shifting of office or service centers either through public notice or by direct intimation. The 2nd opposite party has not mentioned names of any other service centers in the owner’s manual for the convenience. 1st opposite party assured to the complainant that they would timely intimate all the periodical services to the complainant. Due to the act of the opposite parties complainant could not provide scheduled maintenance services to the vehicle. Hence the vehicle became totally useless. The act of the opposite parties amounts to unfair trade practice as well as deficiency in service. Hence this complaint is filed for getting the vehicle replaced with a new one with compensation and cost for hardship, mental agony and financial loss unnecessarily suffered by the complainant due to the act of the opposite parties.
2. Notice was properly sent to both opposite parties. They remained continuously absent. Hence set exparte.
3. The case was posted for complainant’s evidence and the complainant appeared and filed proof affidavit in which she has affirmed all the averments stated in the complaint in detail. In the meantime the complainant has taken out an expert commission to bring out the defects of the vehicle before the Forum.
4. From the side of complainant six documents produced which are marked as Exhibits P1 to P6. The commission report is marked as Exhibits C1 and C1(a). Exhibit P1 is a pre-delivery assurance note given by the 1st opposite party to the complainant. Exhibit P2 is a certificate given by the 2nd opposite party for driving the vehicle without driving licence. Exhibit P3 is owner’s manual, Exhibit P4 is the warranty registration card, Exhibit P5 is Exide electrica warranty booklet and Exhibit P6 is booklet given by the 2nd opposite party.
5. Since the opposite parties are exparte there is no contra evidence before us. We have perused all the documents produced from the side of complainant, the contents of the affidavit filed by the complainant and the Exhibit C1 commission reports.
6. The case of the complainant is that she has purchased the BSA e scooter for an amount of Rs.32,000/- from the 1st opposite party. There is no proof produced before us to prove the purchase of the vehicle. Neither any purchase bill nor any supporting document seen produced from the side of the complainant. Only there is a seal affixed on the Exhibit P3 owner’s manual and Exhibit P4 warranty registration card with the name of 1st opposite party towards authorized dealer. There is no proof produced before us to show that the complainant has purchased a vehicle except the entries of name and address of the complainant in Exhibit P3 Owner’s manual and Exhibit P4 warranty card. Therefore, we are inclined to accept that complainant has purchased an eScooter from the opposite party in the absence of purchase bill. Exhibit C1 commission report would go to show that the vehicle is not in a running condition. And no periodical services were provided to the vehicle. Hence the vehicle kept idle. It has stated in the complaint as well as in the affidavit that the 1st opposite party office has shifted from the place from where she has purchased the vehicle to some other place and nothing regarding the shifting of the office also intimated to the complainant directly or by means of any public notice. So the complainant could not avail free services to the vehicle. On going through above discussed points we find that there is unfair trade practice as well as deficiency in service happened on the part of the opposite parties by selling a vehicle and not providing provision to conduct free services as recommenced by the manufacturer.
7. In the result we allow this complaint and the opposite parties are directed to substitute the vehicle with a new one and also to pay Rs.20,000/- as cost and compensation for the unfair trade practice as well as deficiency in service happened on the part of the opposite parties within one month from receiving the copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 19th day of June 2015.
Sd/- Sd/- Sd/-
M.P.Chandrakumar Sheena.V.V. P.K.Sasi, Member Member President.
Appendix
Complainant’s Exhibits
Ext.P1 Pre-delivery assurance
Ext.P2 Certificate
Ext.P3 Owner’s manual
Ext.P4 warranty registration card
Ext.P5 Exide electrica warranty booklet
Ext.P6 Booklet given by the 2nd opposite party
Ext.C1&C1(a) –Commission reports
Id/-
President
