District : South 24 Parganas.
Before the Hon’ble District
Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas.
Complaint
Case no. _____of 2015.
In the
matter of :
An application
under Section 12 of the Consumer Protection Act’ 1986, and rules made there
under;
A N D
In the matter of :
Shri Swapan Manna,
Son of Late Madan Mohan Manna, Village – 4 no. Basulat, P.O. & P.S. - Falta,
District – South 24 Parganas, Pin - 743504.
______Petitioner
/ Complainant.
-
Versus
–
1. M/s. Future Automobile Agency
Private Limited, Dey Motors Compound, NH – 6, Chamrail, Kona, Howrah – 711114.
2. M/s. Eicher Motors Limited,
102, Industrial Area No.1, SEZ, Pitampura, District Dhar, Madhya Pradesh, PIN –
454775.
3. M/s. VE Commercial Vehicles
Limited, having Registered Office at 3rd Floor, Select Cotywalk,
A-3, District Centre, Saket, New Delhi – 110 017.
4. Bank of India, Sarisha Branch,
Village & Post Office – Sarisha, District – South 24 Parganas, Pin - 743363.
________
Respondents / Opposite Parties.
The humble petition
of the above named petitioner / Complainant, most
respectfully;
Sheweth
as under :
1.
That
the Petitioner / Complainant is a Citizen of India, permanently residing at the
address as given in the cause title of this application under Section 12 of the
Consumer Protection Act’ 1986.
2.
That
the Respondent no. 1, is a private Limited Company incorporated under the
Companies Act’ 1956, carrying on business of dealership of vehicle of the
Respondent no. 2 and 3, and also carrying the activities of service Center of
Vehicle of the Respondent no. 2 and 3. The Respondent no. 2 is a manufacturing
Company of Vehicle and the Respondent no. 3 is also manufacturing Company of
Vehicle under the joint venture and or coalition. The Respondent no. 2 and 3,
are selling their vehicle through their dealer being the respondent no. 1,
herein.
3.
That
the Respondent no.1, herein in the month of February’ 2013, arranged one
Advertisement Stall at Rajarampur, Falta, South 24 Parganas, advertising
thereof about Eicher model no. 11.12K F/L CWC BSIII, Bus, for unemployed and
poor people of the vicinity, and give attraction of the availability of bank
finance. The petitioner visited the said stall of the respondent no.1, herein.
4.
That
the Petitioner is an unemployed and his family member containing his wife, his
old aged mother, and one female child. The petitioner have three family members
dependent on him. The petitioner is only earning member of his family, and the
family members are solely dependent on his meager income, and therefore to run
his family and for his family livelihood, the petitioner decided to purchase
one Bus from Bank finance.
5.
That
the Petitioner purchased one Eicher model no. 11.12K F/L CWC BSIII, Chassis No.
MC260 KRTODB080109, and Engine No. E – 483CDDB604034, from M/s. Future
Automobile Agency Private Limited, Dey Motors Compound, NH – 6, Chamrail, Kona,
Howrah – 711114, through Bank Finance, from Bank of India, Sarisha Branch,
Village & Post Office – Sarisha, District – South 24 Parganas, Pin - 743363,
and get delivery of such Chassis and Engine, as on 05-04-2013.
6.
That
the Cost of Eicher model no. 11.12K F/L CWC BSIII, Chassis No. MC260 KRTODB080109,
and Engine No. E – 483CDDB604034, is of Rs. 10,78,126/- ( Rupees Ten Lakhs
Seventy Eight Thousand and One hundred twenty six ) only, and Body Building
thereon Cost as of Rs. 5,90,000/- ( Rupees Five Lakhs and Ninety Thousand )
only, and other necessary cost in respect of Insurance and Registration of Bus,
is cost as of Rs. 90,000/- ( Rupees Ninety Thousand ) only, totaling amount of
Rs. 17,58,126/- ( Rupees Seventeen Lakhs Fifty eight Thousand and One hundred
twenty six ) only, and Bank of India, Sarisha Branch, Village & Post Office
– Sarisha, District – South 24 Parganas, Pin - 743363, financed such amount to
your petitioner.
7.
That
after the delivery of Eicher model no. 11.12K F/L CWC BSIII, Chassis No. MC260
KRTODB080109, and Engine No. E – 483CDDB604034, from M/s. Future Automobile
Agency Private Limited, Dey Motors Compound, NH – 6, Chamrail, Kona, Howrah –
711114, on 01-04-2013, your petitioner
arranged for construction of 50+1 Seater Bus Body and got the delivery of
constructed bus, and the same was insured.
8.
That
in the month of July’ 2013, your petitioner started to drive the said Bus being
registered as WB 19F 6272, at Route no. SD-22 Falta 4 no. Sector to Esplanade,
for his earning livelihood. The petitioner himself engaged in the said bus as helper,
to reduced the expenses.
9.
That from the first day of plying the said bus,
your petitioner discovered problems in running and therefore visited the
respondent no.1, who is Dealer as well as the Service Center of the Other
Respondents, and whereas the necessary services were carried out including
changes of several little parts of vehicle, but again on running the same
problems persisted to the petitioner, and the defects of the engine remain
unrepaired.
10.
That
on 15-07-2013, that is after a month of the purchase of the said Vehicle, the
engine of the bus in question broken down owing to manufacturing defect. For
such manufacturing defects in Engine of the vehicle, the ply of vehicle reduced
and did not give the required ply on road.
11.
That
such facts were apprised and took the bus at service centre at M/s. Future
Automobile Agency Private Limited, Dey Motors Compound, NH – 6, Chamrail, Kona,
Howrah – 711114, whereas the respondent repaired the engine and delivered. But
the manufacturing defects as owing in engine of the bus on several occasions
occurred and on several occasions repaired and or tried to repaired such engine
and delivered though time and again, such defects continued and the said engine
go out of order and not worked properly.
12.
That
therefore the petitioner is not able to run the said bus only due to the
manufacturing defects as owing in engine of the bus on several occasions
occurred and such, such defects continued and the said engine go out of order and
not worked properly.
13.
That
as the guarantee for engine and gear box run for a period of 36 months and rest
of the aggregate of the vehicle’s warranty is for 12 months from the date of
purchase, provided by the respondents.
14.
That
the petitioner seeks replacement of the defective engine with the new engine in
workable condition of the similar make of Eicher Motors Limited.
15.
That
the petitioner served two letters to the Respondents herein, through his
Learned Advocate, vide Letter being Ref.: AKS / MKH / 1068 / 14, dated 28th
day of July’ 2014, and Letter being no. AKS / MKH / 597 / 14, dated 28th
day of November’ 2014, the respondents are in receipt of those letter as
appeared from the Track report of India Post, but they did not hid to that and
did not even reply or answer to those letters of the petitioner.
16.
That
the Petitioner states and submits that the petitioner was not in any given
opportunity for pre delivery inspection of the said defective engine, in fact
the petitioner had no choice for selection, rather he was thrust upon to take
delivery of the same as if the respondents are the supreme authority and there
cannot be any defect in their goods.
17.
That
the Petitioner states and submits that the petitioner is a helper purchased the
vehicle for running a bus for the maintenance of his family livelihood. The
petitioner secured loan from the respondent no.4, bank. The petitioner had a
dream that his family would experience good days when the bus would ply in the
route for earning. Even to save expenditure he himself started working as
helper of the bus. But soon his dream was shattered and he confronted the crude
reality. The bus started playing since July’ 2013, and since inception the
engine was found not functioning properly.
18.
That
the Petitioner states and submits that as the old proverb “ The wearer know the
shoe pinches” became much true as he had a definite hunch that he was supplied
with a vehicle having patent mechanical defect.
19.
That
the Petitioner states and submits that as the ghost of huge EMI chased him, he
somehow plyed the vehicle ignoring the defect. On visit at the service center
the respondent no.1, detected patent manufacturing defects of engine, and
narrated as erratic noise emanating from engine, and such particular make
engine of Eicher is a defective one, accordingly cylinder head assy was opened
and a separate identical head assy was fitted, when started the engine released
the same sporadic sound as detected earlier, so the defect remained unchanged.
20.
That
the Petitioner states and submits that due to such patent defect in engine the
running of vehicle effected much and cannot run as desired at the time of ply
at route and therefore running effected much every day and therefore earning
effected and desire earning cannot come to the petitioner for his livelihood.
21.
That
the Petitioner states and submits that the ordeal did not end there, the
respondent no.1, opened up the engine, checking up and fitted. After taking delivery
of the same, the petitioner to his utter dismay found the same was not free
from the fault and defects and became a victim of low pick up. Again the
petitioner frustrated placed the vehicle in the workshop of the respondent
no.1, for removing the mechanical defect, and therefore the newly purchased
vehicle remained idle since July’ 2013.
22.
That
the Petitioner states and submits that even the pick up problem persisted and
the vehicle remained unworthy of plying. The respondent no.1, assured of
further inspection by expert technician, but did not do so.
23.
That
the Petitioner states and submits that the petitioner is a helper, dreamt of
better livelihood of his family by running the bus, but the dream got a jolt
for the unfair trade practice committed by the respondents. What better
instance can be of deficiency in service than the instance one.
24.
That
the Petitioner states and submits that the petitioner never imagined that a new
engine manufactured by the respondents can develop such mechanical defects which
are unrepairable. The petitioner had to take huge loan from the respondent
no.4, herein, and therefore the burden of EMI always hunted him.
25.
That
the Petitioner states and submits that the earning is medium and if the bus
remains idle in the garage of the respondent no.1, the earning is nil.
26.
That
the Petitioner states and submits that the Respondents are solely responsible
for thrusting a defective engine to the petitioner and they have no respite
from the rigours of law.
27.
That
the Petitioner states and submits that the mechanical defects surfaced within
the warranty and or guaranty period. It is the duty of the dealer to attend the
same and repair the vehicle. Inspite of repeated attempts the respondent no.1,
could not sent the engine in correct motion and therefore the engine suffers
from manufacturing defects is still continued.
28.
That
the petitioner is suffering in terms of monetarily losses, mental agony, and
harassments, only due to the manufacturing defects as owing in engine of the
bus on several occasions occurred and such facts was appraised to the
respondents and the respondents on several occasions repaired and or tried to
repaired such engine and delivered to the petitioner though time and again,
such defects continued and the said engine go out of order and not worked
properly.
29.
That
the petitioner is also suffering in terms of making payment of interest on
finance obtained by him, and repayment of the Loan amount, without any earning
and or usages of the said bus purchased from the respondents.
30.
That
the purported acts and deeds of the respondents established as of the Unfair
Trade Practices and deficiency in services, as meant in the prescribed
provisions of the Consumer Protection Act’ 1986.
31.
That
in the month of July’ 2014, and in the month of November’ 2014, a written
communication has been made by the Petitioner through his Learned Advocate,
which the respondents are in receipt thereof, and meet with the petitioner on
and after such receipt of communication and assured to cause necessary things
to remove such alleged defects, but you did not do anything and on expiry of
substantial period of time, the petitioner constrain to resort before the
Hon’ble Forum.
32.
That
the instant application / Petition, is within the jurisdiction of this Hon’ble
District Consumer Disputes Redressal Forum, Alipore, South 24 Parganas, as the
Respondent no.1, carried their business activities as of through their
Advertisement at Falta, in the month of February’ 2013, and the respondent
no.4, having the branch office at Sarerhat, Falta, South 24 Parganas .
33.
That
the present complaint is being filed within the period as prescribed under
section 24 A, of the Consumer Protection Act.
34.
That
your petitioner enclosing herewith a copy of his Voter Card, PAN Card, voter
card of his wife, others voter card, collectively marked as Annexure – “A”.
35.
That
your petitioner enclosing herewith a copy of Smart Card, Delivery Challan, tax
papers, insurance, other vehicle papers, cheque and letter of the bank, bank
statement, collectively marked as Annexure – “B”.
36.
That
your petitioner enclosing herewith copy of Letter being Ref.: AKS / MKH / 1068
/ 14, dated 28th day of July’ 2014, Letter being no. AKS / MKH / 597
/ 14, dated 28th day of November’ 2014, and Postal receipts and
Track report of consignment of India Post, collectively marked as Annexure –
“C”.
37.
That
your Petitioner crave leave to produce the relevant documents and / or papers
at the time of hearing, of the case matter before the Hon’ble Forum.
38.
That
the cause of action arose as on the date of delivery of Eicher model no. 11.12K
F/L CWC BSIII, Chassis No. MC260 KRTODB080109, and Engine No. E – 483CDDB604034,
from M/s. Future Automobile Agency
Private Limited, Dey Motors Compound, NH – 6, Chamrail, Kona, Howrah –
711114, on 01-04-2013, and thereafter in
the month of July’ 2013, and thereafter on several occasions of visit at the
workshop or service center as the defects remained unrepaired, and still
continuing.
39.
That
the present application is valued as of Rs. 17,58,126/- ( Rupees Seventeen
Lakhs Fifty eight Thousand and One hundred twenty six ) only, as the value of
the subjected vehicle, and the compensation as may be assessed by the Hon’ble
Foum, in the facts and in the law.
40.
That
the present complaint being made bona-fide and in the interest of
administration of justice.
41.
The
Petitioner therefore prayed for :
Under the above
facts and circumstances, It is prayed that your Honour would be graciously
pleased to grant the following prayers / relief :-
a)
To
direct the opposite parties / respondents to cause the replacement of defective
engine with the new engine of the similar make of Eicher Motors Limited, to the
petitioner, and or alternatively direct the opposite parties / respondents to
refund the purchase money value of the said Bus as of Rs. 17,58,126/- ( Rupees
Seventeen Lakhs Fifty eight Thousand and One hundred twenty six ) only, to the
Petitioner ;
b)
To direct the opposite parties to pay
compensation, as for the harassment, troubles, loss of money, physical
inconvenience and mental agony, suffered by the petitioner from the purported
activities and others by the opposite parties as assessed by the Hon’ble Forum
in the facts and in the Law, to your petitioner;
c)
To grant the cost of the proceedings ;
d)
To grant any other relief to the applicant /
petitioner as found out by your Honour, in the facts and circumstances of the
Complaint.
And to pass such
other necessary order or orders as your Honour , may deem fit and proper for
the ends of justice.
And for this act of kindness,
the Petitioner, as in duty bound shall ever pray.
Verification
I, Shri
Swapan Manna,
being the Petitioner, herein, do hereby declare that the forgoing paragraphs
no________to ________are true to the best of my knowledge and rest prayers
portions are my humble submission before the Hon’ble Forum and I duly sign and
verify this Plaint on _____________2015.
Shri
Swapan Manna
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated : _______________2015.
Place : Alipore Judges’ Court.
District : South 24 Parganas.
Before the Hon’ble District
Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas.
Complaint Case no………..…of 2015.
In
the matter of
:-
Shri Swapan Manna,
……..Applicant /
Petitioner.
-
Versus
–
M/s. Future
Automobile Agency Private Limited, and others,
………Respondents / Opposite Parties.
AFFIDAVIT
Affidavit
of Shri Swapan
Manna, Son of Late Madan Mohan Manna, aged about 46 years, by faith Hindu, by
Occupation helper, residing at Village – 4 no. Basulat, P.O. & P.S. - Falta,
District – South 24 Parganas, Pin - 743504.
I, the above deponent do hereby
solemnly affirm and declare as under :-
1 : That I am being the
petitioner, in the above case, thoroughly conversant with the facts and
circumstances of the present case and am competent to swear this affidavit.
2 : That the facts contained in
my accompanying complaint / application, the contents of which have not been
repeated herein for the sake of brevity may be read as an integral part of this
affidavit and are true and correct to my knowledge.
DEPONENT
Verification
I, the above named deponent do
hereby solemnly verify that the contents of my above affidavit are true and
correct to my knowledge, and no part of it is false and nothing material has
been concealed therein.
Verified this ………….the day of
…………….2015, at Alipore Judges’ Court.
DEPONENT
Identified by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated :……………………2015.
Place : Alipore Judges’ Court.
N O T A R Y
VAKALATNAMA
District : South 24-Parganas.
Before
the Hon’ble District Consumer Disputes Redressal Forum at Alipore, Kolkata – 700 027.
C.C. no. _____________ of 2015.
Shri Swapan Manna. ___________Applicant / Petitioner.
- Versus –
M/s. Future Automobile Agency Private Limited
and others. ______Opposite Parties / Respondents.
KNOW ALL MEN by these presents that I / We Shri Swapan Manna, Son of Late
Madan Mohan Manna, Village – 4 no. Basulat, P.O. & P.S. - Falta, District –
South 24 Parganas, Pin - 743504,
do hereby constitute and appoint the under mentioned
Advocate, Pleader, Vakils, jointly and each of them severally to be pleader of
take such steps and proceedings as may be necessary on my / our behalf and for
that purpose to make sign, verify and present all necessary petitions, plaints,
written statements and other documents and do nominate and appoint or retain
senior counsels, vakil, advocates and other persons, lodge and deposits moneys
and documents and other papers in the Ld. Court and the same again withdraw and
to take out of Court and to obtain or grant as the case may be effectual receipts
and discharge for the same and for all moneys which may be payable to me / us
in the premises. To enter into compromise with my / our approval and withdraw,
all moneys from the court AND GENERALLY
to act in the premises and proceedings arising there out whether by way
of execution, review, appeal, or otherwise or in any manner contested there
with as effectually and to all intents and purpose as I / We could act if
personally present and such substitution and as pleasure to revoke I / We
hereby ratifying and agreeing to confirm whatever may be lawfully done by
virtue hereof.
In
witness whereof this Vakalatnama has been executed by me / us.
This the …………………day of ………………2015.
Sri Ashok Kumar Singh, Advocate.
Sri Manoj Halder, Advocate.
Sri Saheb Halder, Advocate.
Sri Rabindranath Das, Advocate.
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