Ld. Advocate(s)
For Complainant: Subhasis Roy
For OP/OPs : None
Date of filing of the case :25.07.2014
Date of Disposal of the case : 12.05.2023
Final Order / Judgment dtd. 12.05.2023
Complainant alleged in the petition of complaint that he purchased one Chevrolet Company car ( BEAT etcidi model) from OP no. 1 with consideration of Rs. 5,33,427/-.
As he had no enough cash he purchased the same with the financial assistance from Mahindra & Mahindra Service Ltd.
Complainant paid Rs.50,857/- to the OP no. 1 in cash and rest amount was given by him from the aforesaid loan account.
He took delivery of the said vehicle on 05.06.2013 and registration of the vehicle was done under the RTI, Nadia vide Vehicle No. WB52S4763, Engine no. 10AB5Z122480131and Chassis no. MA6FBJBNCCT039747.
Warrantee book of the said vehicle was given to him and warrantee coverage was 3 years or 1, 00,000/- KM whichever is earlier.
Complainant faced some problems and thereafter he took away the vehicle before the OP no. 2 who is authorised service centre of Chevrolet Company but OP no. 2 after inspection of the vehicle opined that problem was occurred due to the trouble of engine which would need overhauling of the engine and for the same they demanded Rs. 1,00,000/-. Till 08.03.2014 total running of the said vehicle was 51429. So said vehicle was within the period of warrantee coverage.
So complainant was entitled to get free service as the vehicle was within the warrantee period but Ops did not take any initiative.
Hence, the complainant filed this case.
We have carefully gone through the petition of complaint, W/V filed by the OP no. 1 and 2. We have also carefully gone through affidavit-in-chief filed by the complainant. We have also carefully gone through the copy of documents which was filed at the time of filing of this case by the complainant.
On perusal of the document dtd. 01.06.2013 issued by the OP no. 1 we find that on road price of the aforesaid car has been described therein as Rs. 5,33,427/-.
Out of said amount OP no. 1 received Rs. 4, 75,660/- from the loan amount. Complainant paid Rs. 10,000/- on 05.06.2013 Rs. 26,000/- on 06.06.2013 Rs. 10,000/- on 10.06.2013 and Rs. 3,500/- on 07.06.2013.
On perusal of the certificate of registration we find that aforesaid car vide registration no. WB52S4763 has been registered before the Registering Authority, Nadia for the period up to 01.08.2028.
We also find from the documents on record that insurance policy in respect of the said car was issued for the period from 22.06.2013 to 21.06.2014 after receiving of Rs. 12,194/- as premium.
From the aforesaid discussion it is clear before us that complainant purchased aforesaid vehicle from OP no. 1 with consideration of Rs. 5,33,427/- and said vehicle has been duly registered under RTO, Nadia.
We have carefully gone through the warrantee card of the aforesaid vehicle.
On perusal of the said document we find that delivery of the date of the vehicle has mentioned as 09.07.2013.
Name of the complainant as noted therein as owner of the said vehicle. Said warrantee book was issued by OP no. 2.
In the said book details relating to warrantee have noted.
Generally warrantee period is for 3 years or 1,00,000/- KM whichever is earlier from date of delivery by the retailers or date of first registration of the motor vehicle which ever occurred first.
On perusal of the documents dtd. 08.03.2014 we find that aforesaid vehicle was produced before OP no. 2 as complainant noticed some problem of the said vehicle.
OP no. 2 after inspection of the aforesaid vehicle made note over the said documents “need to engine overhaul and cost has mention as Rs.1,00,000/- approx and complainant was asked to pay the same after receiving of the said estimation.”
As the vehicle was produced during warrantee period, so complainant is entitled to exchange of engine of the said vehicle or overhauling of the engine without making any payment but OP no. 2 intentionally claimed Rs. 1,00,000/- from him.
We have carefully gone through the documents on record we have thoroughly examined the copy of warrantee card. It is clear before us that the complainant had produced the vehicle before OP no. 2 within the warrantee period. So, complainant is entitled to get the service from the OP no. 2 without making any payment.
We became astonished as to why OP no. 2 claimed Rs. 1,00,000/- from the complainant for overhauling of the engine.
Such type of attempt of OP no. 2 is nothing but example of unfair trade practice.
So such type of claim of OP no. 2 is not accepted.
From the materials on record it is clear before us that complainant is the consumer and OP no. 1 to 3are service providers.
Complainant being consumer is entitled to get the overhauling of engine of the aforesaid car without making any payment but OP no. 1 to 3 had not provided the said service.
Having regard to the aforesaid discussion it is clear before us that complainant has able to establish his grievance and he is entitled to relief as per his prayer.
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against OP no.1to 3 with cost of Rs. 10,000/- to be paid by OP no. 1 to 3 in favour of the complainant.
OP no. 1 to 3 jointly or severally are directed to take the vehicle from the complainant and give the proper servicing of the said vehicle and to overhaul of the engine of the said vehicle without taking any amount from the complaint within 1 month from this date or OP no. 1 to 3 jointly and severally are directed to refund Rs. 5,33,427/- in favour of the complainant after taking back the aforesaid vehicle from the custody of the complainant within 2 months from till date failing which complainant shall have liberty to put order into execution.
OP no 1-3 jointly or severally are directed to pay Rs.20,000/- ( Twenty thousand) as compensation to the complainant for his harassment, mental pain and agony within one month from this date failing which complainant shall have liberty to put the order into execution.
Let a copy of this order be supplied to both the parties as free of cost.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
