F A D A Journal - February 2021

Consumer Case Studies

been spent by the laboratory along with a Complainant. That in this case are of no help
complainant and they are direc on that such opportunity was not to the Pe oner.
ready to surrender the laboratory make an seized by the Pe oner. In
vehicle. In the analysis or test, whichever fact, not even a single 13. In Gopal Aggarwal’s case
circumstances, it is to act may be necessary, with a piece of evidence has (supra), the facts are
according to the order of view to finding out been produced by the en rely different. This
the District Forum.It is for whether such goods suffer Pe oner to contradict Commission in this case
the manufacturer/ from any defect alleged in the conten ons of the has observed that the
appellant herein to pay the complaint or from any Complainant/Respondent District Forum had failed
amount of ₹4,50,000/- other defect and to report no.1. Non-compliance of to decide the preliminary
within two months from its findings thereon to the Sec on 13(1)(c) of the Act issue and the State
the date of this order, District Forum within a therefore it not fatal to this Commission also
failing which, it shall carry period of forty-five days of case. The findings on commi ed error in not
interest at 6% p.a. It is for the receipt of the reference which the Pe oner has remanding the ma er
the complainant to or within such extended relied upon were given on back to the District Forum
surrender the car. period as may be granted the facts and and it was on these facts
Accordingly, the following by the District Forum. circumstances of those that the order of the State
cases and the facts and Commission was set aside.
The above appeal is 11. From the bare reading of circumstances of this case This findings in this case
dismissed. this provision, it is are en rely different. It is are also not relevant on
apparent that the District apparent that within a the facts of this case.
The amount in deposit Forum is required to span of 3½ years ll the
shall be transmi ed to the obtain the expert opinion filing of the Complaint, the 14. In the case of Maru
District Forum for only when it is of the vehicle which was new Udyog Ltd vs. Susheel
disbursement. opinion that the defects as had to be taken for repairs Kumar Gabgotra’s case
men oned in the to the repairing centre of (supra), the facts of the
10. It is argued that there is no Complaint could not be Respondent no.2 for 25 case clearly show that the
compliance by the District ascertained without Complaint relates to only
Forum of Sec on 13(1)(c) proper analysis or test of mes. This itself shows one part of the car and
of Consumer Protec on the goods. In the present that the goods supplied also the Complainant did
Act, 1986. Sec on 13(1)(c) case, there were 25 job were defec ve. not cooperate by giving
is reproduced as under: cards showing the repair the car for inspec on by
and replacement of 12. The Pe oner has relied the OEM. Hence, the facts
13. Procedure on various parts of the car, upon the judgment in in this care totally differ.
admission of complaint. — which were based on Maru Udyog Limited vs.
(1) The District Forum evidences on record filed Hasmukh Laxmichand 15. In Easy Elevators India case
shall, on admission of a by the Complainant along (supra). The findings in (supra), the Commission
complaint, if it relates to with its Complaint and this case are not relevant. had not gone into the
any goods,— were sufficient for the From the perusal of the merits of the case and
District Forum to facts of that case, it is those findings are not
(a) xxxxxxxxxxxxx determine the nature of apparent that the relevant.
the defects in the vehicle. manufacturer had moved
(b)xxxxxxxxxxxxxx The Pe oner a er an applica on for ge ng 16. Moreover, it is also clear
receiving the no ce of the the vehicle checked from that the Complainant had
(c) where the complaint Complaint wherein the an expert but it was not clearly stated that the
alleges a defect in the Complainant had alleged allowed by the vehicle had been
goods which cannot be that there were defects in Commission. The findings purchased for personal
determined without the car, had the were given by the use. No evidence has been
proper analysis or test of opportunity to move an Commission taking note of produced that the vehicle
the goods, the District appropriate applica on this fact. In the present which is car had been used
Forum shall obtain a for obtaining the expert case, no applica on for for commercial purpose.
sample of the goods from opinion to contradict the expert opinion has been
the complainant, seal it allega ons of the moved by the Pe oner 17. In view of the above, the
and authen cate it in the and therefore, the findings Revision Pe on has no
manner prescribed and merit and the same is
refer the sample so sealed dismissed in limine.
to the appropriate

fada.in | February 2021 F A D A Journal 51

Industry Track

Passenger Vehicles & Tractors Keep Traction in Auto Retails

Auto retails garnered Car market leader, Maru 46.94% which was less 6.10% 35,337units.. This helped the
1,499,036 units in February Suzuki India’s February sales in comparison to the company to acquire market
2021 against 1,731,628 units were pegged at 119,246 units company’s market share in share of 17.27% during the
during same period in 2020 which was an increase of 3.83 Feb’20 at 49.99%. month against market share
less by 13.43 per cent yoy. per cent YOY from the of 15.38% in February’20 up
Passenger Vehicles & corresponding sales figure of Hyundai Motor India Ltd 12.29%.
Tractors posted double digit 114,848 PVs in the same (HMIL) clocked sales of
growth but the other month last year. 43,873 units during the Tata Motors reported total
segments like 2W, 3W & CVs month, registering a robust sales of 20,948 vehicles in the
posted flat performance. The This helped the company YoY up ck of 24.16 per cent month of February 2021,
industry’s overall clock a market share of against Feb'20 retails of reflec ng a whopping 61.41%
performance had been
adversely affected due to HMIL has been consistently striving to drive a resurgence in sales,
severe shortage of semi thereby contributing towards economic recovery and bringing the
conductors and containers, industry closer to pre-Covid level sales. With a cumulative sales of
resul ng in vehicle supply; 61,800 units in February 2021, Hyundai has recorded growth across
sky rocke ng fuel prices; segments. Super Performer brands such as the Ultimate SUV –
increase in vehicle CRETA, VENUE, Spirited New VERNA, NIOS and India’s most
possession costs; & fresh awarded premium hatchback of 2021, the recently crowned Indian
spike in Corona virus cases in Car of the Year 2021 (ICOTY) – the all-new i20, have once again
some parts of the country. showcased Hyundai Brand Supremacy by redefining benchmarks in
their respective segments. Both domestic and export demand have
Passenger Vehicles sale at recorded healthy double digit growth in February 2021, reflecting
showrooms reflected growth an all-round improvement in buyer sentiment. Our most valued
of 10.59 percent during the customers continue to make the smartest choice, opting for the
month at 254,058 units smartest mobility solutions and as always we are thankful for their
against 229,734 units retailed continuous support & trust.
in February 2020. Tractor
sales also grew by 18.89% at TARUN GARG
61,351 units as compared to
51,602 units registered in the Director - Sales, Marketing & Service, HMIL
same month a year ago. Total
sale of two wheelers during While the industry growth is expected to hover near the double digits in Q4
the month reported retails of and upcoming Q1 due to the low base of BSVI transition, Honda continues to
1,091,288 units versus drive the 2Wheeler demand recovery for 2nd straight month of 2021. Backed
1,300,364 units retailed in the by robust demand for our models across both Red Wing and Silver Wing
February 2020 was a slide of (300cc+ premium motorcycles), Honda’s sales have surged 31% in
16.08% y-o-y. Three wheelers February’21. We are confident of maintaining the positive sales momentum
retailed and registered during in coming months too, with our 3 new models (CB350RS, 2021 Africa Twin
the month at 33,319 units Adventure Sports, Grazia sports edition) exciting the market. In February,
were down 49.65 per cent in Honda expanded its network and inaugurated three new BigWing
comparison to 66,177 units showrooms in Siliguri, Vadodara and Thane. With this, Honda’s premium
registered in the year last. motorcycle business has now expanded to 5 Honda BigWing Topline
Commercial Vehicles too showrooms (for the entire premium motorcycle range starting 300cc) and 18
were down 29.53% in Honda BigWings (for 300-500cc mid-size premium motorcycle) outlets.
February ’21 registering only
59,020 units. In February’20, Y S Guleria
CV registra on stood at
83,751 units. Director - Sales & Marketing, HMSI

52 F A D A Journal February 2021 | fada.in

Industry Track

At Mahindra we have witnessed a growth gain compared to 12,978 monthly domes c
of 44% in UVs for the month of Feb’2021. vehicles sold in February registra on of 8,185 units in
Demand continues to remain buoyant for 2020. This added up to February 2021 against 6,485
our range of SUVs and Pick-ups and we company’s market share of units in the corresponding
have a robust order pipeline. However, 8.25 % during the month month last year. This added
supply of semiconductors, as we all know, which was up 46.02% over up to market share of 3.22%
is a global issue and it is likely to continue Tata Motor’s market share of which was an increase of
for another 3 to 4 months. Going forward, 5.65% in February last. 14.18% over the market share
we will continue to monitor the situation of 2.82% achieved by HCIL in
and closely work with our suppliers to KIA Motors India P Ltd February 2020.
minimise this supply risk. reported a growth of 43.86
per cent in retails at 14,828 Renault India, con nued to
veejay nakra units in February 2021. The be in the nega ve terrain
automaker had retailed during the month registering
CEO, Automotive Division, M&M Ltd 10,307 units in the year-ago de-growth of 21.57% at 6,765
month. This helped KIA to units. This helped the
We started the year on a positive note and notch market share of 5.84% company notch up a market
the trend continues as we close the second during the month which was share of 2.66%. The company
month of the year, clocking a growth of an increase by 30.07% in had retailed 8,626 units in
36%. Wholesales have been very comparison to 4.49% of February’20 securing market
encouraging and we are witnessing a high market share it achieved in share of 3.75%.
influx of customer orders month on February’20
month, thereby both significantly In the Commercial Vehicles
contributing to the growth story. In fact, Mahindra & Mahindra segment, Tata Motor ’s
sales in February have been better than reported down ck of 19.4% commercial vehicle
sales in January, thus helping us register a in the domes c market registra ons during February
27% growth in wholesales. registering 14,683 vehicles in 2021 in the domes c market
February 2021 against 18,226 added up to 24,709 units,
naveen soni vehicles retailed in February down 32.14% from 36,410
2020. This helped M&M to units sold in February last
Sr. Vice President, Toyota Kirloskar Motor report market share of 5.78% year. Market share of Tata
during the month which was Motors stood at 41.87%
We have sold 27,170 tractors in the down 27.11% in comparison which was a slide of 3.68% in
domestic market during Feb’2021 with a to market share of 7.93% the comparison to company’s
growth of 24% over last year. Tractor company had secured in market share of 43.47%
demand continues to be robust with Rabi February’20. achieved in February 2020.
sowing at an all-time high, supported by
healthy reservoir levels and higher Toyota Kirloskar Motor M&M retailed 11,993
liquidity with farmers, on account of announced that the company vehicles in February 2021,
timely and robust procurement of Kharif sold a total of 10,055 units in registering a 43.42% slip. This
crops. The outlook for the industry the month of February 2021 was in lieu of 21,198 vehicles
continues to be positive given the all-time against 6,431 units retailed in registered in February 2020.
high estimates of Rabi production and February’20, resul ng in With this, the company was
strong rural cash flows. In the exports whopping double digit able to secure market share of
market, we have sold 976 tractors, a growth of 56.35%. TKM's 20.32% during the month
growth of 43% over last year. market share during the against its market share of
month stood at 3.96% an 25.31% in February last.
Hemant sikka up ck of 41.43% over its
market share of 2.80% Ashok Leyland saw its sales
President - Farm Equipment Sector, M&MLtd achieved in February’20. also skidding at 8,838 units
losing by 26.15% over 11,967
Honda Cars India Ltd. (HCIL) units registered in February
registered a double digit 2020. This helped the
growth of 26.21% with company secure 14.97% of

fada.in | February 2021 F A D A Journal 53

Industry Track

market share in February’21 during the month, which share of 36.77% in 3W retails Tractors and Farm Equipment
which was up 4.76% in translated into a back slide of against market share of Ltd (TAFE Ltd) recorded a
comparison to 14.29% 9.15% compared to domes c 42.29% in the year last. growth of 30.20% in sale of
market share secured by the sales of 182,807 two- tractors y-o-y during the
company in Februar’20. wheelers in February last Piaggio Vehicles Pvt Ltd month at 6,420 vehicles
year. The company’s market (PVPL), a 100 % subsidiary of against 4,931 vehicles sold a
VE Commercial Vehicles Ltd share of 15.22% during the the Italian Piaggio Group, year ago. This resulted in
recorded sales of 3,694 units month was gain of 8.25% over retailed 5,180 vehicles in securing a market share to the
in February 2021 as 14.06% market share February’21 against 13,042 tune of 10.46% during the
compared to 4,422 units in achieved in February’20. vehicles retailed in month (Feb’20: 9.56%).
February 2020 represen ng February’20 which accrued to
drop of 16.46%. Company’s Bajaj Auto con nued to ride market share of 15.55%. The John Deere India Pvt Ltd, a
market share stood at 6.26% south with its domes c sales company’s market share subsidiary of Deere &
in Feb’21 against market of two-wheelers totaling during February’20 stood at Company registered sale of
share of 5.28% in February 120,317 units slide by 19.71%. 5,123 tractors against 4,182
2020, gain of 18.56% yoy. 20.41%. This resulted in Baja tractors sold in February 2021,
Auto secure 11.03% of During the month, M&M sold double digit gain of 22.50% y-
Maru Suzuki India Ltd market share against 1,387 units while Atul Auto o-y. This resulted in achieving
reported registra on of 3,219 company’s market share of Ltd and TVS Motor Company a market share of 8.35% for
CVs in February 2021 against 11.62% in same month last retailed 1,332 vehicles & 860 John Deere India (Feb.’20:
sale of 2,347 CVs during the year. vehicles respec vely. 8.10%).
same month a year ago. This
resulted in market share of Royal Enfield (Unit of Eicher) In the Tractor segment, Eicher Tractors registered
5.45% for MSIL during the reported retail sales of 52,713 leading player, M&M Ltd 3,944 tractors during the
month against its market units in February 2021against retailed 13,492 vehicles of month against 3,402 tractors
share of 2.80% in February 56,506 units retailed in Tractor & 10,191 vehicles of registered in February last,
last. February 2020 slide of 6.71%. Swaraj Division Tractors up ck of 15.93%. This helped
With this the company seized during Feb’21 registering y-o- Eicher’s to notch up market
In 2W segment, Hero market share of 4.83% which y growth of 8.19% and share of 6.43% against 6.59%
Motocorp’s total sales of was 11.03% higher than 11.18% respec vely. The of market share secured in
350,533 two-wheelers for the secured in February 2020. market share of M&M in February 2020.
month of February 2021 nose tractor segment stood at
dived 28.92 % yoy. Hero Suzuki Motorcycle India Pvt 21.99% (Feb’20: 24.17%) With the economy
Motocorp’s market share for Ltd (SMIPL), clocked retail while that of Swaraj Divison at rebounding, governments
the month was at 32.12% The sale by registering 47,048 16.61% (Feb.’20: 17.76%). sustained spending in
Company had sold 493,121 units during February 2021, infrastructure development
units in the corresponding registering a Y-o-Y de-growth Interna onal Tractors Ltd and incen vised scrappage
month last year securing of 1.57%, over the 47,798 recorded a 36.60% growth in policy details to be
market share of 37.92%. units it had sold in February domes c market with sales of announced shortly though
2020. During February’21, 8,443 tractors in February’21 would augur well for crea ng
Honda Motorcycle & Scooter company reported market as compared to 6,181 tractors demand for vehicles but to
India (HMSI) market share of share of 4.31% in retails in the same period last year. sustain the momentum,
27.22% was achieved against which was a gain of 17.12% This helped the company to government’s interven on
297,029 vehicles retailed in viz-a viz market share of rack up market share of for resolving the semi
the domes c market 3.68% secured in 13.76% (Feb.’20: 11.98%). conductor issue is required.
contrac on by 5.08% over February’20. Further, the spike in Covid
312,939 vehicles sold in Escorts Ltd registered 23.38% cases, hike in acquisi on cost
February 2020. Market share In the Three Wheeler growth in sale of tractors to of vehicles and spiralling fuel
notched by the company in segment, Bajaj Auto Ltd 7,118 vehicles in February prices would be the stumbling
February ’20 was 24.07%. posted retails of 12,253 2021. The company had blocks in the growth
vehicles during the month retailed 5,769 tractors in trajectory of auto retails in
Another two-wheeler major, against 27,989 vehicles sold a February 2020. With this the months ahead.
TVS Motor Company could year ago. This helped the company’s market share
muster sales of 166,089 two- company to report market stood at 11.60% (Feb.’20:
wheelers in domes c market 11.18%).

54 F A D A Journal February 2021 | fada.in

Chart of the Month

Statistics

Domestic Passenger Vehicle - February 2021 (Wholesale)

Domestic Sales Comparison Segment wise Growth

(Units in Hundreds)

45.35

1,447.61 524.6 2,81,380
1,337.02 2,38,622

312.8 1,55,148 1,48,541
1,14,350
214.6
78,674
65.6 516.00 40.7 35.9 11.14
28.3 400.10 6.8 153.91109.36 8.3 25.7 Total
11.03 6.66 93.2472.69 29.0 167.02 Maru
FCA
-17.8 156.44 110.43 - 32.3 140.69103.52 11,902 11,407
57.75 70.29 4.34
43.2913.76 42.4410.28 87.84 8.53 12.59 21.86 3.50 4.43
MG Motor Cars UVs Vans
Ford Honda Hyundai Kia Mahindra Nissan Renault Skoda Toyota Volkswagen

Feb'21 Feb'20 Growth (%) Feb'21 Feb'20 Growth (%)

Market Share (%)

100.0 11.0 16.1 18.6 18.2 22.3 16.6 16.6 17.9 19.5 19.7 15.8 19.4 21.4
90.0 7.7 3.7
80.0 6.4 5.0 2.9 2.6 1.3 2.9 3.5 3.7 3.5 3.8 3.4 4.1 3.3
70.0 8.2 6.7 5.1 4.1 7.6 6.0 5.5 6.0 6.9 6.4 7.5 5.5
60.0 19.8 17.5 4.3 2.4
50.0 6.3
40.0 46.9 51.0
30.0 15.9 18.7 20.9 18.5 18.2 18.4 18.7 18.8 18.3
20.0 FY’18 FY’19 21.2
10.0 20.2
0.0
Source: F A D A Research 53.2 54.1 48.5 53.5 52.4 54.4 52.7 51.3 55.6 50.3 51.4

Feb-20 Mar-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Jan-21 Feb-21

Maru Suzuki Hyundai Motor Mahindra Tata Motors Honda Cars Others

56 F A D A Journal February 2021 | fada.in

Statistics

Domestic Two-Wheeler - February 2021 (Wholesale)

Domestic Sales Comparison Segment wise Growth

(Units in Hundreds)

53.5 155.80 14,26,865
12,94,787
4,844.05
4,801.96

4,116.22 13.2 15.0 9,10,323
30.6 8,16,679

1.4 0.9 -4.7 6.4 1.5
1,489.314,468.76 3,152.85

-25.8

1,951.45 4,64,744
1,696.84 4,22,168

-84.9 554.88582.45 -85.3 651.14611.88 595.30 586.43 10.09 11.47 10.20
0.28 1.85 0.17 1.16 Scooter Motorcycles Total
1.97 1.74 63.36 41.29 0.49 0.66 51,445 55,802 353 138
Bajaj HarleDy-avidson Hero Mopeds E2W
HMSI Kawasaki Yamaha Mahindra 2W Piaggio Royal Enfield Suzuki Triumph TVS Motor

Feb'21 Feb'20 Growth (%) Feb'21 Feb'20 Growth (%)

Market Share (%)

100.0 6.9 8.1 9.6 7.9 5.9 5.7 6.8 6.9 6.7 7.7 10.3 8.9 9.2
90.0 3.9 3.3 4.5 5.0 2.9 3.9 3.9
80.0 14.2 13.8 13.1 10.9 14.3 14.0 3.4 2.9 3.3 3.5 3.9 3.9
70.0 9.8 14.8 11.4
60.0 28.6 11.9 11.3 11.4 14.5 13.1 14.7 15.5 15.7 14.4 13.7
50.0 11.9
40.0 36.6
30.0 11.9 13.1 11.8 11.4 11.0 10.4
20.0 FY’18
10.0 27.0 24.4 20.0 24.1
Source: F A D A Research 0.0 28.3 27.5 27.1 24.1 25.8 21.5 29.1 28.8

35.8 37.1 36.5 42.4 39.6 36.5 37.7 38.5 36.0 37.7 32.7 33.9

FY’19 Feb-20 Mar-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Jan-21 Feb-21

fada.in | February 2021 F A D A Journal 57

Statistics

Domestic Three-Wheeler - February 2021 (Wholesale)

Domestic Sales Comparison Segment wise Growth

(Units in Hundreds)

- 0.68 41,300
27,331
218.16 116.32 0.0 16.1 32,423 8,817 8,877
158.69 67.83-41.7 18,514 - 33.82
-38.7 0.00 4.48 8.13 7.00 Total
-27.3 Piaggio - 42.90
-47.3 38.43 Scooters India TVS Motor Passenger Carrier
28.61 Bajaj Auto
23.57
15.09
Mahindra Goods Carrier
Atul Auto

Feb'21 Feb'20 Growth (%) Feb'21 Feb'20 Growth (%)

Market Share (%)

100.0 0.4 2.5 1.1 1.1 0.2
90.0 2.6 1.8 4.3 5.6 4.9 4.1 3.1 3.6 4.1 3.8 3.0
80.0 6.2 6.1 1.7 1.6 9.9 8.7 8.4 8.3 8.4 6.4 7.6 6.1 5.5
10.3 6.9 3.5
8.6 9.3 1.5 0.1 0.7 2.1 3.1 11.9 16.3 12.9 10.8 8.6

70.0 24.0 22.1 26.1 24.8

60.0 28.2 34.0 31.9 34.9 28.6
41.9 28.7 25.8

28.3

50.0

Source: F A D A Research 40.0

30.0 58.1 57.2 66.1 58.1
20.0 52.8 43.6 51.1 52.7 49.5 47.8 45.4 49.6 50.7

10.0

- FY’19 Feb-20 Mar-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Jan-21 Feb-21

FY’18 Others

Bajaj Auto Piaggio Mahindra Atul Auto TVS

58 F A D A Journal February 2021 | fada.in



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