Uneven Wear And Tear In The Vehicle Is 'Deficiency In Service': Thrissur District Commission Holds Manufacturer And Dealer Liable

Thrissur District Consumer Disputes Redressal Commission has held the manufacturer Piaggio vehicle pvt ltd and dealer Avaran associates liable for uneven wear and tear in a Vespa VX 125 Scooter and consequent failure to repair the same. A bench presided by Member Sri. Ram Mohan R. observed that the said defect is a neglect of consumer rights by the company and thus granted compensation amounting to Rs. 25,000 for hardship and agony undergone by the complainant. An amount of Rs. 10,000 was further directed to be paid towards litigation expenses.

Brief background:

The complainant purchased a Vespa VX 125 Scooter from the original dealer Marikar Engineers pvt ltd. by paying a sum of Rs. 84,364/- on the basis of assurances given by the manufacturer and its dealer. It is stated that the vehicle, right from the beginning, had certain complications such as front suspension leakage, backfire and sound from the front brake which were reported by the complainant to the original dealer (Marikar Engineers pvt ltd). On failure of the original dealer to cure the defects, he referred the complainant to a second dealer Avaran Associates for rectification of defects. The complainant then produced the scooter before the second dealer. The second dealer also, was unable to repair the defects and advised the complainant to contact the manufacturer Piaggio Vehicles pvt ltd. Again, the issue was not resolved. Thereafter, the vehicle developed some uneven wear and tear. It was stated that the dealer was unable to repair the vehicle and admitted a manufacturing defect. The scooter was returned to the dealer for service on 03.11.2015 but was not repaired. Despite a legal notice and a false response from the dealer, the issue remained unresolved. It is further stated that after multiple service attempts, the scooter was not repaired, and the second dealer still holds possession of the vehicle. Thus, the complainant filed a consumer complaint citing deficiency of service and seeking compensation.

The dealer denied any manufacturing defects and argued that there were minor defects which were duly rectified. It was further stated that wear and tear of vehicles is a normal instance.The manufacturer of the vehicle denied the allegations of wear and tear. It was argued that there was no contract between the complainant and the manufacturer for purchase of the vehicle and hence they are not liable.

Observations:

As regards manufacturing defect, the bench observed that the complainant has failed to produce any expert evidence to prove a manufacturing defect in the vehicle. Hence the bench rejected the argument of manufacturing defect and held that refund of the vehicle cannot be granted.

The bench did not proceed against the original dealer Marikar Engineers pvt ltd since it ceased to be a dealer of the manufacturer. Thus, it was absolved from all the liabilities.

The bench further held that uneven wear and tear is certainly a defect in the vehicle which was required to be corrected by the second dealer and manufacturer. The same cannot be termed as a normal instance. It was observed that a person would be dissatisfied when he purchases a vehicle by paying a hefty amount as Rs. 84,364/- and then had to experience such defects. The bench held that the parties have neglected the consumer rights of the complainant and therefore are liable to pay compensation for the same.

Thus, compensation amounting to Rs. 25,000/- along with interest @ 9% p.a was ordered to be paid by the dealer and manufacturer for agony and hardship. An amount of Rs. 10,000 was further directed to be paid as litigation costs. Hence, the complaint was partly allowed by the commission.

Case name: Mithun C.G vs Avaran Associates & ors.