Complaint under consumer protection act

Asst.Manager -Legal

Dear Sir's

Buyer purchased Mahindra Duro Two wheeler from the Dealer on the oral information from the dealer that vehicle is giving 45 KM / Ltr and received Rs.2000 from the buyer on assurance of registring the vehicle by dealer. After purchasing the dealer issued 8  free service card and guarantee/warrantee card for 2 years and one of the condition in the guarntee card that vehicle should not be repaired / serviced other than their service centre. While using the vehicle got noticed by buyer that vehicle is not giving 45KM instead giving only 25 KM and vehicle is also giving trouble. Buyer is also brought to the notice of dealer in each and every service but he got the assurance from the dealer that it will give 45KM after completion of final service. When buyer took his vehicle for 6th service, show room/dealer closed his business and no new dealer / show room appointed by M/s. Mahindra and Mahindra two wheeler manfactures company, registered office situated at Pune. Same was brought to the notice of Dealer and Mahindra manufacture, Pune. the reply from the M/s. Mahindra Manufactures, Pune, advising purchaser to take vehilce for service centre which is situated at distance of 60 KM away from Buyer place and reply from M/s Mahindra regional office that they are not responsible for the vehicle condition. Thereafter filed Complaint before Consumer court, thereafter no opponent party attended the hearing, hence the court has fixed date for Judgement. Immediately the opponent party without the notice of the Complainant, filed memo for reopening the case and filed written statement. The Hon'ble court without hearing from the complainant passed an order on the basis of complainant, written statement and written argument from the opponent without the knowledge of the complainant. And in one the point mentioned by the court that the Complainant has not produced / filed any Expert opinion regarding the vehicle condition and about KM. But Court has awarded less amount. 

(1) My question is whether the court can reopen the case when case is fixed for Judgement.

(2) Is Expert opinion is necessary, when the vehicle is under warrantee period/Guarantee period.

(3) When one of the condition in the warrantee period that vehicle should not be serviced outside its showroom/dealer, is it necessary to file Expert opinion.

Now buyer has filed appeal before the Appellate court, the present Advocate is also asking about the Expert opinion. Pl help the buyer to over come this issue. 

 
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LAWYER

IN THE APPEAL YOU CAN PRODUCE THE EXPERT OPINION DOCUMENT UNDER ORDER 41 RULE 27 AND 151 CPC.CRIMINALCASE CAN BE FILED AGAINST SELLING DEALER'S NAME.CASE IS ALREADY PENDING TILL DECISION.NO QUESTION ARISES FOR REOPEN.

 
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Asst.Manager -Legal

Thank you Mr.Gopal Sharma,

Sir, will you pl advice whether the opinion of public in general regarding mahindra duro vehilces performance which has been downloaded from web site of (1) www.snapdeal.com, mouthshut.com and consumercomplaints.in(Indian consumer Complaints Forum) can be produce or it necessary to produce expert opinion before before the Appellat Court. 

When the vehicle is presently not in working condition, how can the buyer get the Expert opinion. 

 
Reply   
 

You cannot say that the vehicle is giving only 25 kms per litre on your own, only an authorised person, who is referred to here as an expert can give his opinion in this regards and that will be valid and binding on the company, therefore in an appeal at least produce the expert's opinion, if the vehicle is unserviceable, make it serviceable and get the expert's opinion.  The expert can be found in the company authorised service centre itself.

 
Reply   
 

1. Normally no. Here the Court has exercised its extra judicial power. You can bring this to the notice of the Commission,

 

2. You have mistaken in thinking that getting expert  opinion about mileage will involve servicing of the vehicle or anything to do with the engine,

 

3. Before filing a complaint, you need to submit the evidence stating that the vehicle is giving 25KM/hr. mileage. Without this what is the evidence that you deserve the claimed relief?

 

4. You shoud have or now can engage  any established house having experience in transportation, to run the vehicle and give a certificate regarding the mileage,

 

5. Submission of the certificate would be enough for your case.

 


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