IMPORTANT POINT
Automobile – Repair charges of luxury vehicles are expected to be on higher side.

ORDER

A.P. Sahi, President—The petitioner/complainant purchased a Honda Accord car bearing registration No.PB-10 CN 5132 manufactured in the year 2009. The purchase was a second hand purchase and after having bought the same, the complainant is stated to have approached M/s. BAS Engineering Pvt. Ltd., the respondent No.1 for carrying out repairs and improving its condition for being used by the complainant. The respondent No.1 is an authorised workshop of the respondent No.2, M/s. Honda Siels Cars India Ltd.

2. According to the complainant, the vehicle was brought to the workshop when it had clocked only 7777 kms. as per the job card filed as annexure P-1 at page 51. The complainant kept on visiting the workshop, but the repairs were not carried out and it was also informed to the complainant that the spare parts were not available and were being procured. The delay went on for several months and the car was not delivered, for nine months. The delivery was neither offered in time and subsequently the bills and estimates were enhanced exorbitantly, as a result whereof the vehicle was not delivered or taken delivery of by the complainant.

3. Aggrieved CC/214/2011 was filed before the District Commission, Gurgaon and after exchange of pleadings, the District Commission recorded its conclusions as follows:

“6. Even during the pendency of the complaint it was brought to the notice of this Forum that the vehicle is ready for Test by the complainant even the complainant was advised by this Forum to have test of the vehicle, which, however they could not having no faith in each other and due to payment-non payment of repair charges and delivery/non delivery of the vehicle which has caused delay.

7. As regarding the allegations of the complainant that due to delay in delivery of the vehicle to him he has to bear heavy expenses of Rs.1,92,000/- for conveyance for nine months besides legal expenses. However, there was no such agreement between the parties to prove deficiency of service on the part of OP-1, thus, it has no merit.

8. As regarding his allegation that the OP has harassed the complainant causing mental agony and claimed a sum of Rs.10 Lac has no merit as for want of any agreement between the parties the delay was caused due to progress in the repair and necessary approval at different stages from the complainant and thus, the delay was not on the part of the OP alone but was contributory on their parts, thus, it cannot be said that the complainant has been harassed or that OP is deficient in providing services to the complainant. As regarding the manufacturer liability OP-2 it has nothing to do with this dispute of simple repair which is not a part of Warranty. Even otherwise the relationship between OP-1 & OP-2 is on the principal to principal basis as per agreement between them (OP-2).

9. Consequently, the complainant is directed to pay the Bill (C-5) within 15 days and to receive his vehicle with a Warranty of atleast one year for the repaired vehicle. He is, however, entitled to litigation expenses of Rs.5,000/- while complaint against OP-2 stands dismissed. The complaint stands disposed off accordingly. Compliance be made accordingly.”

4. The complaint was therefore partly allowed in the aforesaid terms against the respondent No.1 and the complaint against the respondent No.2 manufacturer was dismissed.

5. Aggrieved the complainant filed an appeal being FA/950/2013 before the Haryana State Consumer Disputes Redressal Commission and after having, assessed the contentions, the State Commission recorded the following findings:—

“10. Indisputably, the appellant had purchased a second hand car from its owner M/s Master Trust, Limited, Ludhiana. In order to bring its condition to new, the appellant brought the vehicle to the workshop of the respondent No.l and the engineering staff in the workshop after inspection observed as per Job Card Annexure C-4 as under—

(i) Vehicle not start.

(ii) Both side view mirror RKL