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| Consumer Commission dismisses complaint with cost Rs 10,000 | | | EARLY TIMES REPORT
Jammu, Feb 27 : State Consumer Commission Jammu in a complaint found of frivolous and vexatious nature u/s 20 J&K Consumer Protection Act has dismissed the complaint with cost of Rs 10,000 to be paid by the complainant to the respondents.
In a complaint filed by M/S Savvy Fashions Private Limited through its Managing Director against Hyundai Motors India Ltd New-Delhi and Crest Hyundai Crest Autokraft Pvt limited Kunjwani in which the complainant submitted that he purchased Accent Viva Car on fitted with CRDI Engine for a cost of Rs 6, 58, 510/- on June 7, 2004 from Crest Autokraft. According to the complainant he was allured to purchase the car after reading the contends of advertisement wherein it was stated that it had a highway mileage of 25.4 KM Per Ltd and pick-up of 0-60 in 5.9 seconds flat, thus representing to the customers that it was leaving other vehicles behind it. His grievances is that hardly the said car had covered a distance of 20000 KM on the road it started giving extra-ordinary long ignition which means the engine was not burning the fuel properly because of low pressure in the system and fuel efficiency of engine started dropping. Ultimately after covering a distance of 50,000 KM, the engine totally collapsed since the defect had occurred during the warranty period, so the vehicle was sent to the respondent Crest Autokraft Pvt limited. The defect was removed but the complainant received back the vehicle under protest. In the complaint it was submitted that from the date of purchasing to December 3, 2007, the complainant send the vehicle to the respondent for repair during the guarantee period and ultimately on December 3, 2007, the engine totally collapsed and it was taken to the workshop for repair, ever since the December 3, 2007 the vehicle in question is lying in the workshop and respondent No 2 has sent bill for its repair to the tune of Rs 45572/-. In the written objections the respondent submitted that the complainant purchased car on June 7, 2004 and the advertisement in question was published on January 2006 and also submitted that it was shows after tempering with the speedometer the car had been plied.
The Commission comprising Justice GD Sharma (retired), its President and Mr. BL Saraf , Sessions Judge (Retired), its member after hearing Adv PS Pawar appearing for the complainant whereas Advocates Kamal Gupta & Rajneesh Oswal appeared for the respondents observed that the complainant has not brought on record even an iota of evidence to prove that the car suffered from any mechanical defect. Rather it is found that when a major defect had developed in the vehicle after the warranty period, he brought the vehicle for repair and left it there as he wanted free service against the bills which had been issued for repair. Complainant tries to get indulgence from the commission by making application frivolous nature to get the car back free of cost but did not succeed. He is found to be a consumer of unscrupulous nature and the complaint, ifound of frivolous and vexatious nature, was dismissed with cost Rs 10,000/- to be paid by the complainant to the respondents. JNF
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