IMPORTANT POINT
Purchase of vehicle – Manufacturing defect – Impleadment of manufacturer – Defect & allegation of deficiency was existing as a cause & it was continuing even upon filing of complaint – Bar of limitation for impleading manufacturer would not apply.

ORDER

Heard learned counsel for the petitioner/complainant and learned counsel for respondent no.3/manufacturer.

2. No one has responded on behalf of respondents No.1 and 2/dealer.

3. The petitioner/complainant purchased a Hyundai Santro Car on 28.03.2009 for a sum of Rs.3,45,913/-. According to the petitioner/ complainant, the vehicle was defective, inasmuch as the wheels used to start wobbling as the car picked up a speed of 40 kmph. This defect was reported to the dealer. Learned counsel for the petitioner/complainant has invited the attention of the Bench to a chart that has been produced from page 145 to 153 of the paper-book giving the date-wise visits to the dealership for repairs.

4. It is urged that the said defects were initially looked into and attempted to be rectified but inspite of replacing the wheels and tyres, the wobbling continued to persist. According to the petitioner/complainant, there were 40 to 50 repetitive visits which were made to the dealer but with no effective response and the defects continued with the wheels of the vehicle wobbling soon after its purchase.

5. The dealer had contested the matter by contending that every defect was attended to and removed and that there was no deficiency in service at all so as to warrant the filing of any complaint.

6. However, dissatisfied, the petitioner/complainant filed Complaint Case No.27 of 2011 on 18.02.2011 alleging defects and deficiencies and initially impleading the dealer only who are the respondents No.1 and 2 respectively.

7. It appears that during the pendency of the complaint itself, since the manufacturer had not been made a party to the proceedings, an impleadment/amendment was moved and then the manufacturer, respondent no.3 herein, was also impleaded.

8. However, before impleading the manufacturer, the petitioner/ complainant had moved an application on 23.11.2011 requesting the District Forum/Commission for appointing an expert/specialist. The application proposed the names of Mr. Manas Kumar Aaich, Mr. Hemraj Singh or anybody from the Government Polytechnic College and Training Institute at Ambikapur.

9. The District Commission in its wisdom called upon Mr. Manish Kumar Aaich to carry out an inspection and submit a report. The said report dated 30.12.2011 is on record and is as follows:

“Investigation Report

I, Manas Kumar Aaich, S/o Mukund Bihari Aaich, resident of Ambikapur, District Sarguja. I am serving as a vehicle mechanic for last 15 years. And I hold a post and working as specialist in Shri Sai Baba Bus and Transport since years I have been appointed for inspection of the disputed vehicle Hyundai Santro Zing CG15B4355 by the Hon’ble Court of Consumer Disputes Redressal Forum, Ambikapur.

After receiving the above said order the notice has been issued to the parties by me and examination of disputed vehicle Hyundai Santro Zing No.CG15B4355 has been done by me in presence of the parties, the details of which is mentioned hereinafter:-

1. In the disputed vehicle there is a problem of wobbling. For this the alignment and wheel balance has been checked which is fit in the vehicle.

2. The investigation of drum of wheels and entire wheel of the disputed vehicle has been checked, which is fit. But the rubbing in the wheels has been found only at one side, generally such position in the vehicle is seen in the vehicle only on alignment, outing of wheel balancing.

3. In the disputed vehicle, the spandle was also checked, which is found fit. After entire check in the ordinary circumstances, the vehicle was plied, in which the wobbling was remained as it is.

4. The suspension (shocker) spandle, break drum of the disputed vehicle were also checked. If the shocker or spandle was bad then it could be treated as a reason of wobbling but in the present disputed vehicle there is wobbling. The experience of this is done immediately on plying the vehicle that the wheel of the vehicle waves inside, there is extreme wobbling in the vehicle.