ORDER

Inder Singh Mehta, President.—Instant appeal is arising out of the order dated 12.09.2023 passed by Learned District Consumer Commission, Shimla, in consumer Complaint No.235/2019 titled Mr. Surya Kant Bhagra Vs. Honda Cars India Ltd. & Anr.

Brief facts of Case:

2. Briefly, the case of the complainant is that complainant purchased a car, Honda Civic ZX, CVT model in the month of May, 2019 from the opposite party No.2/Lally Automobiles India Ltd. for a sum of Rs.22,39,229/-. As per the complainant, after taking the delivery of the car on 07.05.2019, he found that the car is having multiple defects such as broken, damaged rain sensor wire cover, continuous rattling noise inside the car cabin originating from mechanical parts located underneath the dashboard, intermittent Vibration in the car at engine RPM between 2000-3000 rpm from the engine compartment being felt by way of vibrations in the Car body/inside, Auto door lock based on speed sensing not working and Car foot well ambient lights were not working. Against a total payment of Rs.22,39,229/- duly received by the Courtesy Honda Shimla, invoices have been provided for an amount of Rs.22,17,129/- only and there is no explanation on the remaining amount of more than Rs.22,100/- charged by Courtesy Honda Shimla. The vehicle was kept by Honda Service Centre at Shimla since 26.08.2019, but till date the car has neither been made free from defects nor the car has been handed over to the complainant free from all faults and defects. On 18.09.2019, the complainant visited the service centre in Shimla after call from Honda service centre who told that necessary parts replacement as recommended by Honda’s technical team have been completed and the car is ready for hand over. The complainant took a short test drive and found sound problem again with extreme vibration. The complainant also spent a sum of Rs.99,000/- towards the charges for taxi and Rs.1,39,595/- towards the EMI of car. There is deficiency in service on the part of the opposite party No.2/dealer. Hence, the present complaint.

3. The complaint was resisted and contested by opposite party No.2/dealer by filing reply and stated that there is no defect in the vehicle in question and if any defect was there, the same was due to running of the vehicle and the same was rectified free of costs. The complainant has failed to produce single evidence on record that the vehicle is suffering from any defect and even the complainant has not produced any expert’s report. The issue regarding the sensor was due to the rain sensor cover which was loose and the same was fixed with double tape free of cost. As per the advice of Technical Expert, the cowl top, which was broken, was replaced free of cost. The vehicle has been rectified to the satisfaction of the complainant and minor defects during the running of the vehicle have been removed free of cost. A sum of Rs.12,603/- is lying with the opposite party No.2/dealer and opposite party No.2/dealer is ready to refund the amount. There is no deficiency in service or unfair trade practice on the part of the opposite party/dealer. A prayer was made for dismissal of the complaint.

4. None appeared on behalf of the opposite party No.1/manufacturer before the learned District Commission below and was proceeded ex-parte vide order dated 23.10.2021.

5. Thereafter, the parties led evidence in support of their respective pleadings.

6. After hearing the parties, learned District Commission partly allowed the complaint of the complainant.

7. Feeling aggrieved and dissatisfied by the order of learned District Commission, the appellant/complainant has preferred the instant appeal before this Commission.

8. Arguments heard on behalf of the parties and perused the record of the case file carefully.

9. Appellant/complainant Mr.Surya Kant Bhagra present in person has submitted that in month of May, 2019, he purchased a Honda car from the respondent No.2/Lally Automobiles for a sum of Rs.22,39,229/-.