BIJOY KRUSHNA MOHANTY Vs. B N SAHA

JUDGEMENT

(1.) This is an original case in which the complainant claims his Matiz "sg" car bearing Engine No. F8cw 769743 and Chassis No.19mo4f-072816 and bearing Registration No. OR-025-8881 had inherently manufacturing defects. Complainant's case is, he purchased the car for a sum of Rs.3,55,331/- from the O. P. No.1 M/s. Swapna Motors (P) Ltd. Besides also he spent Rs.10,724/- towards comprehensive insurance, in toto that comes to Rs.3,91,175/-. Complainant availed the first free service on 29.12.2001 when the vehicle had run 681 kms. and second free service four months thereafter on 18.5.2002 when the vehicle had run only 1943 kms. On 28.5.2002 i. e. after the second free service the vehicle while was on the road at Bhubaneswar the Air conditioner of the car suddenly stopped working. The same was attended to by the dealer M/s. Swapna Motors (P) Ltd. at Bhubaneswar. After repair the complainant moved from Bhubaneswar to Barhampur during the same evening. But on the way near Khurda again the same problem occurred. The complainant informed the dealer on the help-line over telephone. Two mechanics were deputed by an Uno Car for carrying out necessary repair. The vehicle did not start in spite of their effort, the same was brought by towing on 28.5.2002 at about 9 p. m. to Bhubaneswar. The complainant stayed overnight and on 29.5.2002 the engine of the vehicle was opened by the engineers and after thorough examination it was found that the coolant had entered the engine and the Service Engineer of the dealer advised to left the vehicle in the Service Centre for some days which needed thorough checking. When after 2 days the complainant enquired about the repair he was informed that the manufacturer had been requested for replacement of engine.

(2.) The manufacturer i. e. O. P. Nos.2 and 3 in para-7 of the written version in reply to para-10 of the complaint petition about the defects so pointed out admitted the nature of the defect. They further admitted that all the necessary repairs were carried during the warranty and defects as of heating of engine of the car, etc. were rectified in time. They admitted that the problem had occurred due to mixing of the coolant with the engine oil. On the facts of this admission on the part of the manufacturer that only after the second free-servicing the engine got heated and on opening of the engine coolant was found to have entered into the engine, it is conclusively proved that the vehicle had inherent manufacturing defect. In any new vehicle a problem of this nature could only be attributed because of the manufacturing defect of the vehicle. Matiz is known as one of the best reliable cars. Therefore, we cannot hold the manufacturer to be liable for any unfair trade practice nor we propose to award any compensation for that. But the complainant has to be compensated because of having been supplied with a car having inherently manufacturing defect. We accordingly allow the complaint petition, since the dealer M/s. Swapna Motors (P) Ltd. have received the money of Rs.3,55,331/- we make liable both the dealer and manufacturer jointly and severally to refund the amount, awarded by us. The complainant is also entitled to the amount he paid towards the insurance i. e. Rs.10,724/- and one-time tax paid i. e. Rs.4,900/-. Besides, also the complainant is entitled to Rs.4,999/- for the digital control system for the car vide invoice dated 2.1.2002. Since the O. P. No.1 had received the money from the complainant and had granted receipt we make him liable to pay the amount at the first instance though we also make the manufacturer jointly and severally liable with O. P. No.1 for the same. It is for the dealer to realise the money from the manufacturer on the basis of this judgment. However, the complainant is not supposed to run to the manufacturer for payment on the face of the receipt granted by the dealer. Therefore, the dealer is made liable to pay entire amount on approach by the complainant within a period of one month from the date of communication of the order. The complaint petition is allowed with cost of Rs.5,000/-. The amount shall carry interest at the rate of 12 per cent per annum from 29.5.2002 when it was taken to the garrage of O. P. No.1 till payment. Dr. Arati Mohanty, Member-I agree. Mr. Pramodnath Das, Member-I agree. Complaint allowed.