State Consumer Disputes Redressal Commission
M/S Jindal Agencies Private Limited vs Mohit Malhotra on 14 May, 2019
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH Appeal No. : 151 of 2018 Date of Institution : 31.05.2018 Date of Decision : 14.05.2019 1. M/s Jindal Agencies Private Limited, Plot No.5, Industrial Area, Chandigarh through its Branch Head/Authorized Signatory (Authorized Dealer of UM Motorcycles). 2. M/s UM Lohia Two Wheelers Private Limited, A-79, DDA Shed, Okhla Phase-2, Industrial Area, New Delhi - 110020 through its Regional Head/Managing Director. .......Appellants/Opposite parties No.1 & 2. Versus Mohit Malhotra S/o Sh. Vijay Malhotra resident of House No.3125/1, Sector 45-D, Chandigarh also at resident of House No.HE-1048, Sector 64, Phase-1, SAS Nagar, Mohali. ...Respondent/Complainant. Appeal under Section 15 of the Consumer Protection Act, 1986 against order dated 24.04.2018 passed by District Consumer Disputes Redressal Forum-I, U.T. Chandigarh in Consumer Complaint No.567 of 2017. BEFORE: JUSTICE JASBIR SINGH (RETD.), PRESIDENT. MRS. PADMA PANDEY, MEMBER.
MR. RAJESH K. ARYA, MEMBER.
Argued by:
Sh. Harsh Nagra, Advocate for the appellants.
Sh. Nitin Arora, Advocate for the respondent.
PER RAJESH K. ARYA, MEMBER The appellant/complainant has filed this appeal against order dated 24.04.2018 passed by District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (in short 'the Forum' only), vide which, complaint bearing No.567 of 2017 filed by the respondent/complainant was partly allowed against the appellants/opposite parties No.1 & 2 directing them to refund the cost of motor cycle of Rs.1,78,011/- alongwith interest @7% per annum from the date of its purchase i.e. 25.07.2017 till realization; pay Rs.25,000/- as compensation for deficiency in service and harassment caused besides payment of Rs.10,000/- as litigation expenses. The order was to be complied with within 30 days from the receipt of certified copy of the order, failing which, the awarded amounts were to carry penal interest @9% per annum.
2. The above award was passed by the Forum on the basis of findings given in Para 11 of its order, which reads thus:-
"11. Perusal of Annexure C-1 shows that the Complainant paid a huge amount of Rs.1,78,011/- to purchase the motor cycle in question, trusting the brand, but his dream of becoming the owner of such a branded motor cycle got crashed when he had to face the issue of petrol leakage from its fuel tank. Although the Opposite Parties No.1 & 2 repaired the defect reported to them, yet again it is a big question mark on the quality of the product of the company. We are of the concerted opinion that the leakage in the fuel tank is not a small issue. It could be the matter of life of the Complainant, if it was not noticed timely by him. Even the result could be very dangerous, if the same could not be noticed by him. We feel that the fuel tank could blast any time and life of the Complainant and his family was at high risk despite spending an amount of Rs.1,78,011/-. Undoubtedly, the Complainant had spent such a huge amount to purchase the motor cycle in question having faith in the brand to facilitate himself and not for moving the Service Centre and then to this Forum for justice in the absence of proper service provided by the Opposite Parties No.1 & 2. Therefore, the act of the Opposite Parties No.1 & 2 in selling a sub-standard product to the Complainant even after charging handsomely, which deprived him of using the motor cycle in question proves deficiency in service on their part, which certainly has caused immense, mental and physical harassment to the complainant."
3. However, in the present appeal, as noted in order dated 25.03.2019, it was the allegation of the respondent/complainant that within two days of the purchase of the vehicle, he found petrol leakage from its fuel tank and when the said vehicle was taken to the workshop, it was repaired by putting some chemical/adhesive but no permanent solution was provided. It was further stated that the vehicle was again taken to the workshop on 04.08.2017 as there was petrol leakage and further there was abnormal voice coming out from the vehicle.
4. To the contrary, it was stated by Counsel for the appellants/opposite parties No.1 & 2 that not only the gas kit etc., the fuel tank was also changed. The allegation qua petrol leakage and abnormal voice coming out from the vehicle was specifically denied by the Counsel for the appellants/opposite parties.
5. On 25.03.2019, it was observed by this Commission that the impugned judgment was passed in favour of the respondent/complainant on the basis of verbal averments made by both the parties and no expert opinion was obtained, whether there exists any manufacturing defect and/or whether leakage of petrol still exists. At present, the vehicle, in question, is in the possession of the appellants/opposite parties.
6. Under above circumstances, we directed the Director of Punjab Engineering College, Chandigarh to constitute a team of two experts to check the above said grievances of the respondent/complainant and submit its report to this Commission.
7. In compliance to above order dated 25.03.2019 passed by this Commission, expert report was received on 15.04.2019, of which, Dr. Sushant Samir, Professor, Sh. Gopal Dass, W.I., & Prof. Ankit Yadav, Assistant Professor, Mechanical Engg. Deptt., PEC Chandigarh, were the members. The said report reads thus:-
"Reference to the letter no.SC-CP-2019/1051 dated 27/03/2019 of the Hon'ble State Consumer Disputes Redressal Commission, Chandigarh on the subject cited above. The vehicle in question was brought before the Committee for inspection on 11.04.2019 at 11.00 A.M. in the Mechanical Engineering Department of the Institute as per the direction of the Hon'ble Commission. The appellants also brought another motor cycle of same make having temporary registration number CH 01 TC 00021. Sh. Shubham Garg, Director, Jindal Agencies Pvt. Ltd., Sh. John, General Manager and Sh. Vivek Kumar, Technician of Jindal Agencies Pvt. Ltd., Sh. Mohit Malhotra, Owner of the vehicle and his friend Sh. Harpreet Singh were present during inspection of the vehicle in question.
The vehicle having temporary registration no.CH 01 TC 00020, Engine No.UXS3005H300933, Chassis No.MDCM3RBG1KF301976 Colour - MATTEMOSS GREEN Model - Renegade Commando Motor Cycle was presented for inspection. The vehicle in question was inspected by the committee. The appellant informed that the Fuel tank of the vehicle has been replaced and there is no leakage in the fuel tank. During inspection and test drive, no leakage was observed from the fuel tank of the vehicle in question. Further, after the test drive of both the vehicle the committee is of the opinion that there was no abnormal sound coming out from the engine of the vehicle in question."
8. Clearly, after inspection of the vehicle, in question, by the expert committee of Mechanical Engg. Department, Punjab Engineering College, Chandigarh and test drive, the committee did not observe any leakage from the fuel tank and further after test driving both the vehicles, the committee did not find any abnormal sound coming out from the engine of the vehicle, in question. The vehicle, in question, was driven by the expert committee in the presence of Sh. Shubham Garg, Director, Jindal Agencies Pvt. Ltd., Sh. John, General Manager and Sh. Vivek Kumar, Technician of Jindal Agencies Pvt. Ltd., Sh. Mohit Malhotra, Owner of the vehicle and his friend Sh. Harpreet Singh.
9. To the above report of expert committee of Mechanical Engg. Department, Punjab Engineering College, Chandigarh, no objections were filed by the respondent/complainant, which remained unchallenged. Even otherwise, the vehicle was inspected by the expert committee in the presence of both the parties. Had any objection, to the inspection done, risen by the respondent/complainant, the matter would have been different. It was not done and both the parties accepted the report tendered by the expert committee. The members of the committee are experts in their field and, as such, their report is above all.
10. Relying on the report of expert committee, we are of the considered opinion, that the grievance of the respondent/ complainant, raised in this appeal, as regards petrol leakage from the fuel tank and abnormal voice coming out from the vehicle, as recorded in order dated 25.03.2019, had already been fully redressed by the appellants/opposite parties No.1 & 2. Thus, no grievance qua the vehicle, in question, remains. Not only above, no case qua manufacturing defect is made out and as such, question of refund of the price of the vehicle, in question, does not arise at all.
11. In view of above observations and findings given in the report of expert committee, in our opinion, the impugned order passed by the Forum ordering refund and awarding compensation and litigation expenses to the respondent/complainant needs to be set aside.
12. Since the vehicle, in question, is lying in the workshop of appellants/opposite parties No.1 & 2 for a long time, in order to protect the interest of the consumer, we are of the opinion that the appellants/opposite parties No.1 & 2 shall deliver the same to the respondent/complainant after making it roadworthy by doing its complete service, without charging anything from the respondent/ complainant. They shall also give warranty/extended warranty of one year on the said vehicle, on the same terms and conditions, which was granted at the time of its purchase.
13. No other point was argued by the Counsel for the parties.
14. For the reasons recorded above, the appeal is allowed. Impugned order dated 24.04.2018 passed by District Forum-I, U.T., Chandigarh in Consumer Complaint No.567 of 2017 is set aside.
15. However, in order to protect the interest of the respondent/complainant, we direct the appellants/opposite parties No.1 & 2 to deliver the vehicle, in question, to the respondent/ complainant, within a period of 15 days from the date of receipt of certified copy of the same, after making it roadworthy by doing its complete service, without charging anything from the respondent/ complainant. While delivering the vehicle to the respondent/ complainant, the appellants/opposite parties No.1 & 2 will also give warranty/extended warranty of one year on the said vehicle, on the same terms and conditions, which was granted at the time of its purchase. The warranty shall start running from the date of taking over of its delivery by the respondent/complainant, who shall take the delivery of the vehicle forthwith as and when offered within the stipulated period.
16. Certified copies of this order, be sent to the parties, free of charge.
17. The file be consigned to Record Room, after completion.
Pronounced.
14.05.2019.
[JUSTICE JASBIR SINGH (RETD.)] PRESIDENT (PADMA PANDEY) MEMBER (RAJESH K. ARYA) MEMBER Ad