National Consumer Disputes Redressal
Joshi Autozone Pvt. Ltd. vs Col S.K. Gawari (Retd.) & 2 Ors. on 6 January, 2016
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 1407 OF 2015 (Against the Order dated 23/12/2014 in Appeal No. 395/2014 of the State Commission Chandigarh) 1. JOSHI AUTOZONE PVT. LTD. 84-45 INDUSTRIAL AREA, PHASE-II, THROUGH ITS MANAGER, CHANDIGARH ...........Petitioner(s) Versus 1. COL S.K. GAWARI (RETD.) & 2 ORS. R/O H.NO-666.AMRAVATI ENCLAVE, PANCHKULA HARYANA 2. TATA MOTORS, REGIONAL OFFICE, PASSENGER CAR BUSINESS UNIT, UNIT NO-305, 3RD FLOOR, TOWER-B,SIGNATURE TOWERS,SOUTH CITY-1,NH-8, THROUGH ITS REGIONAL MANAGER, GURGAON - 122001 HARYANA 3. TATAT MOTORS LTD., REGISTERED OFFICE BOMBAY HOUSE,24, HOMI MODI STREET FORT, THROUGH ITS DIRECTOR, MUMBAI - 40001 MAHARASHTRA ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT HON'BLE DR. B.C. GUPTA, MEMBER For the Petitioner : MR. RAJESH VERMA For the Respondent : Mr. Varun Chawla, Advocate for R-1 Mr.Aakarshan Sahay, Advocate for R-2 Mr.Saurabh Kumar, Advocate for R-3 Dated : 06 Jan 2016 ORDER IA/3636/2015 For the reasons stated in the application, delay in filing the Revision Petition is condoned.
The application stands disposed of accordingly.
REVISION PETITION This Revision Petition by the Dealer, which, at the relevant time was the authorized dealer of the vehicles manufactured by M/s Tata Motors, is directed against the order dated 23.12.2014, passed by the State Consumer Disputes Redressal Commission, U.T., Chandigarh (for short "the State Commission") in FA No.395/2014. By the impugned order, the State Commission has affirmed the order dated 4.11.2014 passed by the District Consumer Disputes Redressal Forum-I, U.T. Chandigarh (for short "the District Forum") in Consumer Complaint No.12/2014, inter alia, directing the Petitioner to carry out extensive repairs of the car in question, free of cost, make it defect free and hand it over to the Complainant in perfect working condition along with certificate from an independent expert regarding its fitness.
The short grievance of the Petitioner in this Revision Petition is that the Forums below, having recorded a finding that the said vehicle was not free from defects, have committed material irregularity in exonerating the manufacturer from its liability to bear the expenses for carrying out the extensive repairs in terms of the order passed by the District Forum.
Having heard learned counsel for the parties, we are of the view that the present Revision Petition is without any substance. As noted above, both the Forums below have recorded a concurrent finding of fact that within a month of the purchase of the vehicle by the Complainant, the vehicle had to be taken to the Petitioner's workshop for rectification of certain defects. As a matter of fact the car was detained in the workshop of the Petitioner for 5 days from 15.10.2013 to 20.10.2013 for rectification of the defects, but still all the defects/shortcomings in the vehicle, like, jerks at high speed, missing in the engine, noise coming in the body, etc. could not be cured despite the fact that the vehicle had to be taken to the workshop of the Petitioner on a number of occasions thereafter. In the light of the said finding of fact, which is not under challenge in the Petition, no fault can be found with the impugned direction. The mere fact that a newly purchased vehicle had to be taken to the workshop on a number of occasions is per se tantamount to deficiency in service. In so far as the grievance of the Petitioner that the Forum below should not have exonerated the manufacturer from its liability to bear the expenses to be expended on the repair of the vehicle, we are of the view that the said dispute can be resolved by the Petitioner in some other appropriate proceedings against the manufacturer, if so advised.
Hence, the Revision Petition fails and is dismissed accordingly with no order as to costs.
The Complainant may deliver the vehicle to the Petitioner within a week for carrying out the necessary repairs in terms of the order passed by the District Forum.
......................J D.K. JAIN PRESIDENT ...................... DR. B.C. GUPTA MEMBER