THE KERALA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, VAZHUTHACAUD,
THIRUVANANTHAPURAM
COMPLAINT NO. 77/2013
JUDGMENT DATED. 07/12/2016
PRESENT:-
JUSTICE SRI. P.Q. BARKATH ALI: PRESIDENT
SRI.V.V.JOSE : MEMBER
COMPLAINANT:
Surendran. D,
Harinandanam TMC XVI/455,
Thamarakulangara Road, North Fort Gate,
Tripunithura, Ernakulam District,
Pin. 682301.
(By Adv. M.P. Krishnan Nair )
V/S
OPPOSITE PARTIES:
- M/s. Tata Motors Limited,
One Indiabulls centre, Tower 2A & B,
-
Jupiter Mills Compound, Elphinstone
Road ( West), Mumbai- 400 013.
Rep. by its Managing Director.
(2)
- The General Manager,
Tata Motors Limited,
-
Circle, Ganesh khind road, pune-411005.
- The customer care team,
Tata motors ltd, Asv Ramana’s Towers,
37&38, venkatranarayana Road,
T. Nagar- Chennai- 600 017.
4. The General Manager,
Concorde motors ltd,
NHh-47, Nettoor P.O,
Ernakulam, Cochin- 682304.
( By Adv. Krishna menon & S. Reghukumar)
JUDGMENT
JUSTICE. SRI.P.Q.BARKATH ALI: PRESIDENT
This is a complaint filed by the complainant under section 17 of the Consumer Protection Act claiming compensation for the defective vehicle supplied by the opposite parties.
The case of the complainant as detailed in the complaint in brief is this.
(3)
Complainant is doing the business of manufacturing, sales and service of repairing of air conditioner. He is the registered owner of the Pearl White Tata Aria Prestige vehicle bearing registration No. KL 39C 2905. Opposite parties 1 to 3 are the manufacturers of the said vehicle and 4th opposite party is their subsidiary at Ernakulam for the sales and service of the vehicle. The complainant purchased the said vehicle from opposite parties on October 31, 2010 for Rs. 17,62,723/-. Thereafter several times it was got repaired by the 4th opposite party for minor defects. Mud flaps were not provided. Front tyres were damaged due to loss of wheel alignment. Damaged clutch was replaced . Brake pedals and brake discs were replaced. Even when the vehicle has covered 715 killometers the brake pad kit has to be replaced. This has to be repeated 16 times. Now the brake is not working properly. The opposite parties are not able to cure the defect . Therefore the opposite parties may be directed to refund the price of the vehicle with interest. Complainant also claimed a compensation of Rs. 10 lakhs.
First opposite parties is M/s. Tata Motors Limited, Mumbai represented by its Managing Director. The second opposite party is its branch office at Pune. 3rd opposite party is the customer care team of the first opposite party at Chennai. 4th opposite party is M/s Concord Motors Ltd, Cochin represented by its General Manager.
(4)
Opposite party is 1 to 3 in their version contended thus. Complainant is not a consumer as defined under the Consumer Protection Act. Therefore complaint is not maintainable. The vehicle does not suffer from any manufacturing defect. During the period from November 12,2010 to July 22, 2013 the vehicle was taken to the workshop of the 4th opposite party on 15 occasions. But it was for periodic services, attending accident repairs and for some other minor defects. Complainant had not complained about any major defect in the vehicle during that period . Improper usage of parking brake can lead to brake pad binding while driving resulting in excess wear and tear of brakes. 4th opposite party had carried out the repairs like brake pad replacement, caliper replacement, hand brake adjustment on a couple of occasions during warranty period. As on July 22, 2013 the vehicle has covered 38,103 km which will show that the vehicle has no manufacturing defect. There is no deficiency in service on these opposite parties. Therefore complaint has to be dismissed.
4th opposite party is M/s. Concord motors, Cochin represented by its General Manager. He in his version raised similar contentions.
The complainant was examined as PW1 and he produced Exbt. A1 to A5. On the side of the opposite parties Dw1 and DW2 were
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examined and Exbts X1 series and X2 series were marked. The commissioner was examined as CW1 and his report was marked as Exbt.C1 .
Following points arise for consideration.
- Whether there is any deficiency in service on the part of the opposite parties?
- Whether the complainants are entitled to compensation ? if so what is the quantum ?
The case of the complainant as testified by him as PW1 is that the Tata Area Prestige vehicle bearing Registration No. KL. 39/C 2905 purchased by him on October 31, 2010 for Rs. 17,62,723/- is found to be defective and that therefore opposite parties 1 to 3 being the manufacturers and the 4th opposite party being its subsidiary have committed deficiency in service and hence they should be directed to refund the price of the vehicle along with compensation. The opposite parties contended that there is no manufacturing defect to the vehicle and that therefore complainant is not entitled to any compensation from the opposite parties.
(6)
To prove that the vehicle suffers from manufacturing defect at the request of the complainant an expert commissioner was appointed. Exbts. C1 is his report. He was examined as CW1. The commissioner has reported in Exbts. C1 thus:
“The brake pedal travel distance at a stationary position of the vehicle, on engine start and with normal breaking force is 8.3 cm. which is very high while compared to another same model vehicle, which has a pedal travel of 4.5 cm.”
CW1 the expert commissioner has further reported in C1 thus :
“The brake pedal feels a spongy effect. Sometimes the brake pedal goes all the way down to the floor without much resistance. While driving, the braking of vehicle is not adequate for a proper stoppage of the vehicle”.
It is clear from the above that the brake system of the vehicle is defective.
That apart at the request of the complainant opposite parties produced the Exbt.X1 series job cards and Exbt. X2 series service history which show that for about 16 times vehicle was got repaired . Exbt. X2 series service records shows as follows.
Sl.No. | Date | Kms | Bill No. | Ext. X2 series service history No. | Work Done |
1 | 11-12-2010 | 715 | CPI-1011-008378 | SH-Int-1-4ZW9E7/12-11-2010 | Assy clutch release yoke, bush lower on housing , bush |
2 | 31-05-2011 | 10256 | 002410 | SH-Int-1-ssy350R/09-06-2011 | Both front axie bearing , check for play and adjust-both front axie bearings, check for play and adjust+ checked and front both tyre replaced, parting beak cable-renew+ hand brake adjusted, renew stearing column/ joint wheel alignment. |
3 | 07-02-2012 | 21778 | CP1-1112-013812 | Sh-int-1-6yfz6f2/11-02-2012. | Parking brake assy, remove and install, break disc replacement ( each side) 4 wheel brake cleaning. |
4 | 21-08-2012 | 26618 | Cpi-1213005645 | Service history not | Parking brake assy, remove and install + parking. |
5 | 06-09-2012 | 26618 | CPI -121306611 | Service history not available | Assy clutch slave cylinder, assy clutch master cylinder, 240 DIA. CLDISC assy. CL REL . BRG W/ Plastic sleev texspin assy 4 brake paddal renew and brake adjusted, removed relift clutch master cylinder, balance wheel ( wheel removed) each wheel balancing done. |
6 | 24-05-2013 | 35429 | CPI-1314-001546 | SH-int-1 8Q9ATK9/25-05-2013 | Brake pipe clamp updation, brake disc replacement ( each side) + rear brake pad replaced standard checks + front brake pads run only 3000 km, minor service ( every 5000 km ) + done, front wheel alignment check and adjust + done tyre coml. Balance wheel ( wheel removed) each + done. |
7 | 24-06-2013 | 37001 | CP-1314-002445 | Service history not available | Miscellaneous + brake pedal spongy, miscellaneous+ 4x4 not working |
8 | 20-07-2013 | 37001 | CPI-1314 | Service history not available | Master cylinder assy, tandem brake master cylinder replace brake oil topup done, miscellaneious brake pedal spongy. |
It is evident from the above that even when the vehicle covered about 715 km entire braking system was replaced. Even thereafter to many times the vehicle got repaired. When the expert commissioner examined the vehicle still the defect persists. Thus it is clear from the above facts that the vehicle of the complainant suffers from manufacturing defect.
The opposite parties examined DW1 Mr. Jibin Sasidharan State Head ( service), of Tata motors limited and DW2 Sri. L.
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Sreekanth Unit head M/s. Concord Motors, Cochi and produced as Exbt. X1 series and X2 series. DW1 and DW2 testified that there is no manufacturing defects to the vehicle. But they were unable to explain the reason from the defect in the brake system. They would say that the vehicle was garaged for periodical service and not for any repairs which appears to be not correct in the light of X1 series and X2 series. Therefore we are of the view that vehicle suffers from manufacturing defect. That being so opposite parties 1 to 3 as the manufacturers and the 4th opposite party as their subsidiary are bound to refund the price of the vehicle to the complainant.
In the result complaint is allowed. Opposite parties are jointly and severally liable to refund Rs. 17, 62,723/- to the complainant . Opposite parties are also directed to pay interest at the rate of 12% per annum on the said amount from the date of complaint, that is, from October 3, 2013 till realization. As
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interest is awarded at the rate of 12% per annum, no separate compensation is awarded. In this complaint, complainant is entitled to a cost of Rs. 10,000/-.
JUSTICE P.Q.BARKATH ALI: PRESIDENT
V.V.JOSE : MEMBER
APPENDIX
Complainant witness:
PW1- Sri. Surendran
Exbits for the Complainant:
Exbt.A1- Tax invoice dated. 31/10/2010.
Exbt. A2- Tax invoice dated. 11/12/2010.
Exbt. A3- Debit note dated. 31/10/2010 & Tax invoice dated. 31/12/2012.
Exbt. A4- Tax invoice dated. 21/01/2013.
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Exbt.A5-Tax invoice dated. 22/01/2013.
Opposite parties witness
DW1- Sri. Jibin Sasidharan
DW2- Sri. Ramesh C. Menon.
Exbt. X1 series Exbt. X2 Series .
Exbt. X1 – Job card dated. 11/12/2010
Exbt. X1 (a)- Job card dated. 11/25/2010.
Exbt.X1(b)- Job card dated. 02/11/2011
Exbt.X1 (c)- Job card dated. 05/31/2011
Exbt. X1 (d)- Job card dated . 06/18/2011
Exbt. X1(e)- Job card dated. 09/26/2011.
Exbt. X1 ( f)- Job card dated. 02/07/2012
Exbt. X1 (g)- Job card dated. 08/21/2012.
Exbt. X1 (h)- job card dated. 08/21/2012..
Exbt. X1(i)- Job card dated. 09/07/2012.
Exbt.X1(j)- job card dated. 12/31/2012.
Exbt.X1(k)- Job card dated. 01/02/2013.
Exbt. X1 (l)-job card dated 01/22/2013.
Exbt. X1 (m)- job card dated. 05/24/2013
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Exbt.X1 (o)- job card dated. 06/24/2013.
Exbt. X1 (p)- job card dated. 06/30/2014.
Exbt.X1 (q)-job card dated. 07/22/2013.
Exbt.X1 (q)- Job card dated. 09/07/2012.
Exbt.X1 ®- Job slip dated 07/09/2012.
Exbt. X1 (s)- Warranty requisition slip dated. 09/08/2012.
Exbt. X1 (t)- Tax invoice dated. 07/09/2012.
Exbt.X1 (u)- Job card dated. 12/31/2012.
Exbt. X1 (v)- Job card dated. 01/02/2013.
Exbt.X1 (w)- Job card dated. 01/22/2013.
Exbt.X2 Series- Service history dated. 12/11/2010.
Exbt.X2 (a)- Service history dated. 29/11/2010.
Exbt.X2 (b)- Service history dated. 11/02/2011.
Exbt.X2 ©- Service history dated. 09/06/2011.
Exbt.X2 (d)- Service history dated. 20/06/2011.
Exbt.X2 (e)- Service history dated. 28/09/2011
Exbt.X2 (f)- Service history dated. 11/02/2012.
Exbt. X2 (g)- Service history dated. 31/12/2012.
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Exbt. X2 (h)- Service history dated. 22/01/2013.
Exbt.X2 (i)- Service history dated. 21/01/2013.
Exbt.X2 (j)- Service history dated. 25/05/2013.
Exbt.X2 (k)- Service history dated. 22/07/2013.
Exbt.X2 (l)- Service history dated. 30/06/2014.
JUSTICE P.Q.BARKATH ALI: PRESIDENT
V.V.JOSE : MEMBER
