The authorized dealer of Sazgar Engineering did not repair the Rickshaw on pretext that it was not covered under Warranty. The Complainant approached a private Rickshaw Mechanic who opened the engine and found that Ring Piston and other parts of the engine were broken into pieces. The defective and substandard broken parts of engine of the Rickshaw caused great monetary loss to Complainant along with physical and mental torture. Complainant served a legal notice to respondent on 08-03-2008 under Section 28 of the Punjab Consumer Protection Act 2005 and requested them to replace engine of the Rickshaw or refund price of the engine of Rickshaw and pay damages
The District & Sessions Judge, District Consumer Court Lahore deciding a case against M/s Sazgar Engineering Works Limited ordered the Company to replace Engine of a Rickshaw purchased by Complainant Riaz Ahmed with a brand new Engine within 10 days from the date of the Order and issue a new Warranty for the same in addition to pay cost amounting to Rs5,000/-.
According to detail; Complainant Riaz Ahmed s/o Muhammad Umer purchased a 4 stroke CNG Rickshaw SAZGAR on installments and claimed for recovery of damages amounting Rs92,000/-. He alleged that soon after its purchase the Rickshaw developed serious problems in its engine as well as other parts such as Ring Piston, Axel, Timing Chain and other mechanical faults. It was further alleged that on 26-02-2008 the engine of the Rickshaw ceased.
The authorized dealer of Sazgar Engineering did not repair the Rickshaw on pretext that it was not covered under Warranty. The Complainant approached a private Rickshaw Mechanic who opened the engine and found that Ring Piston and other parts of the engine were broken into pieces. The defective and substandard broken parts of engine of the Rickshaw caused great monetary loss to Complainant along with physical and mental torture. Complainant served a legal notice to respondent on 08-03-2008 under Section 28 of the Punjab Consumer Protection Act 2005 and requested them to replace engine of the Rickshaw or refund price of the engine of Rickshaw and pay damages. But Company refused to accede to demand of the Complainant.
Complainant filed case against Sazgar Engineering Works Limited, Director Punjab Small Industries Corporation and Hamza Enterprises, Dealer for Sazgar CNG Rickshaw.
After hearing arguments of the counsel for the parties and perusing record, Presiding Officer of District Consumer Court observed that the case was filed by Complainant within Warranty period. He was paying regular monthly installments of the Rickshaw. During cross examination respondents had not rebutted that on 26-02-2008 when the Rickshaw had only covered 3900 km and which was within Warranty period, engine of the rickshaw had ceased and authorized dealer of the manufacturer had failed to provide services to the Complainant and he was constrained to get engine of his Rickshaw overhauled from some other workshop.
The Court through its Order dated 29-04-2009 said that after carefully scanning evidence of both the parties, allegation leveled by the Complainant has been proved. It has been proved that Rickshaw delivered to Complainant was defective from the very first day and created problems time and again. The Complainant has proved his case which is accepted.
The Court directed respondent Company Sazgar Engineering Works Limited to replace Engine of Rickshaw of the Complainant with a brand new Engine within 10 days from the date of this Order and shall issue a new Warranty for the same. The Company was also burdened with costs amounting to Rs5,000/-.
-A. H. Khanzada, e-mail: mymworld@cyber.net.pk
