State Consumer Disputes Redressal Commission
Pranay G Brahbhatta vs Starlines Cars Pvt Ltd on 6 September, 2023
Details DD MM YY
Date of Judgment 06 09 2023
Date of filling 07 08 2023
Duration
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION,
GUJARAT STATE AT AHMEDABAD.
Court-1
APPEAL NOS. 1052 OF 2023
Pranay G. Brahmbhatt
A-101, Devnandan Parisar-1,
Near Om Residency, Adalaj,
Gandhinagar. ...Appellant
Vs.
1. Starlines Cars Pvt. Ltd.
Nagalpur Highway, Mehsana
2. Maruti Suzuki India Ltd.
1, National Mandela Road, Vasantkunj
New Delhi.
3. Starlines Car Pvt. Ltd.
Near Gota Flyover, S.G. Road,
Gota, Ahmedabad. ...Respondents
Appearance: Mr. Milan K. Dudhiya, L.A. for the appellant.
Coram : Hon'ble Mr. M. J. Mehta, President (Acting)
Hon'ble Dr. J. G. Mecwan, Member
Order by Hon'ble Mr. M.J. Mehta, President (Acting)
1. Being aggrieved and dissatisfied with the judgment and order dated 23.06.2023 passed by the Ld. DCDRC, Gandhinagar in CC. No. 283 of 2022, the appellant has filed this appeal.
2. The appellant has preferred instant appeal on the ground that the impugned order is arbitrary, perverse and is bad in law, the parties will be referred as per their original nomenclature for the sake of the convenience.
3. Brief facts of the present case are as under: It was the case of the complainant that he has purchased one car from Opp. No. 1 having his branch office at the address mentioned at Opp. No.3 The officer of the Opp. No. 3 has informed that the Swift Desire car is getting overwhelming B.H.Gadhavi A-1052-2023 Page 1 of 6 response because of its performance and mileage, it is having highest feature and it is the safest car for all main three seasons in India. It was also the car is having amazing comfort, advance security system and having longest warranty period with 24*7 breakdown assistance and genuine parts of also available at affordable prices. The complainant has decided to purchase said car manufacture by opponent no.2 through branch officer of opponent no.1 situated at opponent no.3. The complainant has paid Rs.6,51,277/- to the opponent no.1 and after paying all the charges opponent no.3 have provided registration no.GJ-18- MB-5405 to the complainant. On 10.02.2022 the car of the complainant was kept for repairing at opponent no.3 workshop and at that time many photograph were taken by officer of opponent no.3. On 22.02.2022 the officer of opponent no.3 was informed that the car is ready for delivery the complainant has reached opponent no.3 workshop to take delivery and after completion of formalities while taking delivery we found that rate like mammal are stated in the car any many rat poop/excrement was also found in the car and therefore, he has reported to the workshop attendant. It was also found that the rat has destroyed first-aid kit and other papers which were kept in the small storage box in the dashboard.
It was further the case of the complainant that the workshop attended has checked the car superficially. The complainant has shown probability of cutting of wire, pipe or any other part in the car but it was informed that the rat entering in the car is a life threatening to the car driver but they have not taken care to reply the complainant. On 02.08.2022 the complainant has found that the boot of his car is filled with the rain water and his many important B.H.Gadhavi A-1052-2023 Page 2 of 6 papers were submerged with the water and they were destroyed. It was also found that the space were the spare wheel was full of water and the complainant is using car for many years but for the first time he has found such type of defect in the car he was shocked with the surprise and therefore, he brought his car with opponent no.3 workshop at that time without any paper work the car was taken in the workshop to find out the defect.
It was further contended that the work shop manager and other technicians have inspected the car and came to conclusion that the water came in the car from the side walls. The complainant has realized the concern about any unforeseen accident due to wiring shot circuit or damage made by rat and water but the branch officer of the Opp. No. 1 has not responded.
It was further stated that complainant has also issued the letter dated 05.08.2022 to the opponent no.3 and asks to provide reason for filing or water in car boot but it was not replied. The complainant has found that the opponents have claimed very eminent safety features in the car and also provided towering assurance about the safety features but looking to the two incident narrated above it has shocking wonder to the complainant. The complainant has to suffer heavy mental stress and strain due to defective car delivered to him. It was found that though the complainant has paid very hefty amount of the car and he has purchase the same relying upon the good wheel of the opponent no.2 but considering these two incidents it was found illusive.
It was further contended that the complainant has discussed the issues with the officer of the opponent no.3 but they have not uttered any single word and therefore, B.H.Gadhavi A-1052-2023 Page 3 of 6 complainant has decided to take legal actions against the opponents. The complainant has issued legal notice to the opponent no.1 and 2 upon found inherent manufacturing defect and asks to replace the car with new defect free car of refund of the car.
4. The Ld. Dist. Commission has after hearing complainant and advocates of opponents pass the order and dismissed the complaint by imposing a cost of Rs.1,000/-.
5. Being aggrieved by the impugned order of the Ld. Dist.
Commission, Gandhinagar the complainant has filed the present appeal before this Commission on the grounds stated in the appeal memo.
6. Today the matter was for admission hearing. Heard, Ld. Adv. Mr. Milan K. Dudhiya for the appellant perused the order of the Ld. Dist. Commission and records of this matter.
7. Ld. Adv. Mr. Milan K. Dudhiya for the appellant submitted before us that Ld. District Commission has committed error by dismissing the complaint and also committed error on imposing the cost of Rs. 1000/- on the complainant.
8. Ld. Adv. Mr. Milan K. Dudhiya for the appellant submitted that as per the new act the opponent is liable to provide proper explanation about the defect alleged by the complainant, and also liable to prove that their car is defect free, but opponent company has only made bald averments in their reply and not produced any single documentary evidence to show that the car purchased complainant is defect free, therefore, the order passed by the Dist. Commission is not just and proper.
B.H.Gadhavi A-1052-2023 Page 4 of 69. We have gone through the judgement of the District Commission and the documents and evidence produced on record. We endorse our view with the judgement passed by the Ld. Dist. Commission, we are of the opinion that complainant has failed to establish on record the contention raised by him in the complaint regarding the water collection in the dicky of car as the District Commission has also observed that water collection in the dicky is not a manufacturing defect and even the contention of the complainant is not supported by any expert opinion, further till one year after purchase of car there was no complaint regarding the manufacturing defect and therefore we came to conclusion that Ld. Dist. Commission has rightly dismissed the complaint.
10. Here as Ld. Adv. for the appellant Mr. Milan K. Dudhiya submitted that Cost imposing on complainant is not tenable in eye of law under the Consumer Protection Act. Commission cannot impose cost when the party in person is appearing it should be consider by Commission that he or she is not having sufficient knowledge regarding the trial, therefore, we are of the opinion that Ld. Dist. Commission has committed error by imposing the cost on complainant, Consumer Commission's main aim is to protect the Consumer's right and also the interest of the Consumer should always be looked into. On flimsy ground Ld. District Commission cannot impose cost on party in person, so we would like to interfere with only the cost imposed by Ld. Dist. Commission. Hence following final order is passed.
FINAL ORDER
i) Appeal No. 1052 of 2023 is partly allowed at admission stage.
B.H.Gadhavi A-1052-2023 Page 5 of 6ii) The judgment and order dated 23.06.2023 passed by the Ld. DCDRC, Gandhinager in dismissing the CC. No. 283 of 2022 is confirmed but the cost imposed on complainant for amount of Rs. 1000/- is quashed and set aside.
iii) It is observed that if in future the complainant is having appropriate evidence regarding their grievances of car then he is entitled to file fresh complaint before the Consumer Commission.
iv) Registry is directed to send certified copy of this judgment to the parties, and send a copy this judgment to the Ld. DCDRC, Gandhinagar through E-mail in PDF format for taking necessary action.
Pronounced in open Court today on 6th September 2023.
[Dr. J.G. Mecwan] [M. J. Mehta]
Member President (Acting)
B.H.Gadhavi A-1052-2023 Page 6 of 6