18.10.2023:-

ORDER

 BY HON’BLE MR.K.B.SANGANNANAVAR. JUDICIAL MEMBER.

01.   This is an Appeal filed by complainant in C.C. No.58/2022 on the file of District Consumer Disputes Redressal Commission, Bagalkot, aggrieved by the order dated: 23.08.2023.

02.   The matter is set to hear on admission.  Commission examined grounds of Appeal, impugned order, Appeal papers and heard LC for Appellant.  Accordingly, ordered to dispense with issuance of notice of this Appeal to be served on Respondent Nos.1 & 2 to avoid further delay.

03.   Counsel for Appellant submits Ex.OP-2 is the Tata Motors warranty policy and as per Ex.C.5 the terms and conditions of the warranty was for a period of two years from the date of sale of vehicle or 72,000 kilometers of its running whichever would expire earlier.  Admittedly the vehicle involved in the complaint was purchased from opposite party No.2 on 14.09.2020.  The alleged deficiency as submitted by the counsel comes well within the period of warranty.  The Commission below in Para-12 of the impugned order held complainant has not placed any technical expert’s   report to establish inherent manufacturing defect and has not made manufacturer/Tata Motors as party to the proceedings.  Further held if any defects in the vehicle,   manufacturer alone liable to replace with a new vehicle, since, opposite party Nos.1 & 2 are service providers, against whom complainant is not entitled for reliefs sought without impleading the manufacturer as party.  On this finding recorded by the commission below in our view when the complainant alleges a defect in the vehicle, commission having been vested with certain powers under consumer law could have directed complainant to implead manufacturer as one of the party and further could have also invoke section 38(1)(c) of the Consumer Protection Act, 2019 to assist the commission below to decide on the alleged deficiency of services. In other words to say   commission below committed grave error in dismissing the complaint   ignoring the aid in provisions of laws.  In such view of the matter we hold dismissal of the complaint by the Commission below   could be held contrary to facts and law   is liable to set-aside. Hence proceed to allow the Appeal consequently set aside the impugned order dated:23.08.2023 passed by the District Consumer Disputes Redressal Commission, Bagalkot, in C.C. No.58/2022 and as a result remanded back the matter to afford opportunity to the complainant to implead manufacturer as one of the party and to invoke the provisions of section 38(1)(c) of Consumer Protection Act, 2019 and decide the complaint case as early as possible not later than three months from the date of receipt of the order.

04.    Provide copy of this order to the District Commission as well to the parties to the Appeal for their notice.

  LADY MEMBER                          JUDICIAL MEMBER             

KNMP*