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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
V.R. Kingaonkar, Presiding Member and Vinay Kumar, Member
SHUKLA GHOSH (SMT.) - Appellant
Versus
JALAN DISTRIBUTORS AND ORS. - Respondents
First Appeal No. 408 of 2005 against Order dated 16.5.2005 in CS Case No. 45/O/98 of State Consumer Disputes Redressal Commission, West Bengal
Decided on : 11-08-2011
Mr. Ranjan Mukherjee, Mr. Tapas Midya and Mr. S. Bhowmick, Advocates, for the Appellant; Mr. R.K. Mishra, Advocate, Mr. T.K. Ganju, Sr. Advocate with Ms. A. Subhashini, Advocate, for the Respondent
The appellant must provide reliable evidence to establish the alleged manufacturing defect and prove deficiency in service to succeed in a claim under the Consumer Protection Act, 1986.
Headnote:
Deficiency in Service - Manufacturing Defect - Consumer Protection Act, 1986 - Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r)
Fact of the Case:
The appellant purchased a car and alleged that an accident occurred due to an inherent defect in the steering wheel, seeking compensation from the respondents.
Finding of the Court:
The State Commission dismissed the complaint, finding that the appellant failed to prove deficiency in service on account of inherent manufacturing defect in the steering assembly of the car vehicle.
Issues: Allegation of manufacturing defect in the car vehicle's steering assembly, proof of deficiency in service, and the liability of the respondents for the alleged accident.
Ratio Decidendi: The appellant failed to provide reliable evidence to establish the manufacturing defect in the car vehicle's steering assembly, and the court found no merit in the appeal.
Final Decision: The appeal was dismissed, with no order as to costs, and the statutory amount deposited by the appellant, if any, was to be released in favor of the appellant along with the accruals, if any.
ORDER
V.R. Kingaonkar, Presiding Member - This appeal arises out of judgment rendered by the State Commission, West Bengal in Complaint bearing No. SC Case 45/O/98. By the impugned order, the State Commission dismissed the complaint.
2. The appellant is the original complainant. The appellant purchased a Maruti 800 CC Car on 25.1.1997 from the respondent No. 1. The Chassis of the car bore No. 1079170. The car vehicle was produced at the workshop of the respondent No. 1 (M/s. Jalan Distributors) at Kolkata on two occasions i.e. firstly on 8.2.1997 and secondly on 16.4.1997 for conducting after-sales inspection and service. The respondent No 1 had issued free inspection/service coupons for the purpose. The respondent No. 1, after the inspection, informed the appellant that the steering wheel, steering gear box, rods and arms, etc., were in order and no repair work was required.
3. The Appellant's case before the State Commission was that on 17.5.1997, her husband was returning in the car vehicle from Alipore Court back home. The driver of the car was on the steering wheel. All of a sudden, the car got swerved towards left side and could not be controlled by the driver. The car vehicle violently dashed against a road-side tree. The impact was so heavy that the entire frontal part of the vehicle was smashed. Her husband and the driver were injured. Some passers-by took both the injured to a near-by Nursing Home. Her husband was required to incur heavy medical expenditure for proper treatment and care. So also, the damage to the vehicle was excessive and needed lot of expenditure. The accident was the result of inherent defect in the steering wheel of the car vehicle. The steering pinion used in the steering system assembly of the car was defective and, therefore, the accident occurred due to mechanical defect. The appellant alleged that such an accident could not have occurred if the respondents had taken due care to remove the manufacturing defect. Consequently, the appellant sought compensation of Rs. 20,00,000 from the respondents.
4. The respondent No. 2-M/s. Maruti Udyog Ltd. resisted the complaint by filing written version. According to M/s. Maruti Udyog Ltd., (manufacturer), the vehicles were subjected to strict pre-delivery inspection and tests, before they were rolled out of the factory. The car vehicle delivered to the appellant was not defective. It was alleged that the manufacturer had suspected rather speedy wearing out of the pinions of few vehicles in the lot falling between Chassis Nos. 10745658 to 1112292 and from 2053507 to 2077412. The agents were, therefore, called upon to examine the vehicles by calling the cars and to carry out replacement of the pinion, if any defects were noticed. Still, however, no complaint was received from any of the customers within the range of the Chassis Nos. noted above. M/s. Maruti Udyog Ltd., flatly denied existence of any manufacturing defect in the car vehicle purchased by the appellant. It was alleged that the claim of the appellant was exorbitant, frivolous and unfounded.
5. On the basis of the material adduced on record, the State Commission came to the conclusion that the appellant failed to prove deficiency in service on account of inherent manufacturing defect in the steering assembly of the car vehicle in question. The complaint was, therefore, dismissed.
6. We have heard learned Counsel for the parties. We have perused the relevant material placed on record. The admitted fact is that the vehicle was purchased by the appellant on 25.1.1997 and the accident had occurred on 17.5.1997. During the period of four months, the appellant never reported any defect in the assembly of the steering wheel. The affidavit of the appellant and the admitted record shows that at least on two occasions, the car vehicle was inspected by the dealer i.e. original opposite party No. 1 (M/s. Jalan Distributors/Respondent No. 1 herein). Though the car vehicle was inspected on 8.4.1997 after the delive
