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Madhya Pradesh High Court · body

2010 DIGILAW 622 (MP)

Honda Siel Cars India Ltd. v. A. K. Shukla

2010-06-25

PRAMILA S.KUMAR, S.K.KULSHRESHTHA

body2010
Judgment S.K. Kulshreshtha, J.:- This appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act"), is directed against the order dated 11-10-2007, passed by the District Consumer Disputes Redressal Forum, Bhopal in Case No. 1001/06. 2. It is not disputed that the respondent-complainant purchased a Honda City ZX EXI motor car and paid a sum of Rs. 6,80,000/- as its price. The car did not have any central locking system and stereo. However, instead of approaching the authorized dealer for these extra fittings the respondent-complainant got the local stereo fitted in the car and so also the locking system for central locking device. However, in a short use, thereafter, the electrical harness of the motor vehicle blew-out, with the result he brought the vehicle to the appellants. 3. Learned Counsel for appellants has pointed out that the limitation of the warranty is that any damage with the results from the use of non-genuine parts, non-genuine oil or accessories other than those approved by HSCI and any damage that results from modifications not approved by HSCI, would vitiate the warranty. The respondent-complainant had due knowledge of this fact and he agreed to pay for new stereo and central locking system. It appears that respondent kept quiet for some time but thereafter filed a complaint before the District Forum. The Forum allowed the claim in the sum of Rs. 11,950/- towards central locking system, it also allowed a sum of Rs. 13,216/- towards stereo and labour charge and gave compensation in the sum of Rs. 25,000/-. 5. We have gone through the written submissions made by the respondent-complainant and heard learned Counsel for the appellants. It is clear that though the warranty for 24 months or 40,000 kms., whichever was earlier, was given but the same was given with certain explicit conditions and one such condition being that non-genuine parts, shall not be used nor the vehicle would be repaired by an agency other than the authorised one. The respondent, therefore, had acted on his own peril in getting the central locking system and the stereo fitted. On account of job done by the unauthorized person that the electrical harness was damaged and then only he brought the vehicle back to the showroom. It was only in accordance with the conditions of the warranty that the accessories ought to have been fitted. On account of job done by the unauthorized person that the electrical harness was damaged and then only he brought the vehicle back to the showroom. It was only in accordance with the conditions of the warranty that the accessories ought to have been fitted. On account of the repairs outside, the vehicle was damaged and under these circumstances, if any loss was sustained, it was only on account of misadventure of the respondent-owner. Under these circumstances, the appellants could not have been punished or saddled with the liability of the expenses incurred by the respondent-complainant. 6. We are, therefore, of the view that the District Forum was not right in allowing the price of the stereo, central locking system an amount of repairs paid and in allowing Rs. 25,000/- as compensation. The order passed by the District Forum is set aside and this appeal is allowed, with no order as to costs.