PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 215/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Santoshini Pradhan,

W/O-DambaruDharSahu,

R/O- Jhumpura, PO-Balani, Ps-Barkote,

Dist-Deogarh,Odisha-768110, Odisha. 

Mob-9437401592                                                            ………........Complainant

-Vrs.-

1. Manager, M/S G.N. Autonation,

At- Plot No. 1708/6786, RemedChowk, Larpank, N.H. 6,

Sambalpur, PO-Remed, Ps-Ainthapali,

Dist-Sambalpur, Odisha-768006,

2. Manager, Mahindra & Mahindra Ltd.

Mahindra office Mahindra Towners, 2^ndFloor,

Akrurli Road, Kandivili-East,

Mumbai-400101.                                                    .....................Opp.Parties

Counsels:-

1. For the Complainant         :- Sri. D.Pradhan & Associates
2. For the O.P.No.1                :- Ex-parte.
3. For the O.P. No.2                           :- Sri. R. Gupta & Associates

Date of Filing:29.11.2023,  Date of Hearing :16.04.2024,  Date of Judgement :02.07.2024

Presented byDr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant is the owner of Mahindra Bolero B6(O) BS-VI bearing Regd. No. OD-02 CF 5559. The vehicle met an accident on 19.05.2023 at Barkote, Dist-Deogarh and the right side was damaged. The O.P. No.2 was informed and on 24.05.2023 vehicle was towed to O.P. No.1 workshop. Request for repairing was made to O.P. no.1  but the vehicle was kept in open space and exposed to sun and rain without repairing. Due to non-availability of electrical engineer vehicle could not be repaired, the O.P. no.1 replied. Several requests on 24.08.2023, 16.09.2023 and on 22.09.2023 made but it was in vain. The Original electrical wiring of vehicle, Bonnet stay rod, seat cover, front glass etc. of the vehicle was stolen.

The S.B.I. General Insurance Co. Ltd. paid the expenses of Rs. 1,35,242/- but the O.P. demanded Rs. 5000/- on 22.09.2023 through U.P.I. payment but receipt not supplied. The vehicle was delivered on 24.09.2023 in the residence. The driver who brought the vehicle drove the vehicle beyond the speed limit for which VCR of Rs. 7000/- was paid vide challan No. OR 1261242230923135042. The O.P. no.1 made inordinate delay for which Rs. 60,000/- was paid for hiring vehicle on the death obseque of father in law Sukrusen Sahu.

Being harassed complaint has been filed.

2. The O.P. No.1 has been set ex-parte.
3. The O.P. No.2 submitted that the answering O.P. is not a necessary party. The vehicle met accident on 19.05.2023 and not covered under standard warranty. The O.P. no.1 is only the dealer  of O.P. No.2. The insurer paid Rs. 1,19,686/- and not Rs. 1,35,242/-. The O.P. No.1 requested the Complainant to pay balance of Rs. 5,556/-. The Complainant only paid Rs. 5000/- to O.P. No.1. The Complainant suppressed the material facts.

The payment of Rs. 60,000/- needs strict proof. The vehicle has been used for commercial purpose only. Complainant is not a consumer of the O.P. No.2 and complaint is liable to be dismissed with cost.

4. Perused the documents filed by the Complainant. Vehicle No. OD02CF5599 has been registered in the name of Complainant Santosini Pradhan. The vehicle has been insured with SBI General Insurance Vide policy No. MIB/1087351 and valid for the period 05.01.2023 to 04.01.2024. The O.P. No.1 on 25.072023 provided the maintenance and repair bill of the vehicle amounting to Rs. 1,35,242/-. The Claim was made on 24.05.2023 but when there months elapsed and vehicle was not delivered complaint was made on 24.08.2023 before O.P. No.1. Vide message dated 16.09.2023 the Complainant sent a message about theft  of electric wiring, bonnet, stayrod etc. The Complainant filed death certificate of Sukrusen Sahu who died on 21.06.2023. On 23.09.2023 the vehicle was driven by one driver and fine of Rs. 7000/- imposed to the Complainant for excess speed photographs have been filed relating to vehicle.
5. It is the submission of the O.P. No.2 that SBI G.I.C. paid only Rs. 1,19,868/- to O.P. No.1 and the total repairing cost is Rs. 1,35,242/-. The O.Ps not submitted any documentary evidence on which date the amount was paid by the insurer. Further immediately after receipt payment the O.Ps have not given any message to the Complainant that Rs. 15,556/- is outstanding against her. The Complainant paid Rs. 5000/-. On 22.09.2023 through U.P.I.  the vehicle was delivered on 24.09.2023. On 23.09.2023 VCR of Rs. 7000/- bearing challan No. OR1261242300923135042 issued by RTA. The vehicle was with O.P.s. For over speeding and without DL of driver Rs. 7000/- penalty has been imposed which is recoverable from the O.P. No.1 service centre.

Neither of the parties submitted any documents to prove that the vehicle was delayed in delivery and the cause of delay due to whom.

On 16.09.2023 the Complainant sent a message to O.Ps that electric wiring bonnet stay rod, seat cover and front glass has been stolen while the vehicle was in custody of O.P. No.1. To that effect no any documentary evidence has been filed by the Complainant nor any F.I.R.

Taking into consideration the circumstances of the case following order is passed:

ORDER

The complaint is allowed partly against the O.Ps. The O.Ps are directed to pay Rs. 7000/- challan amount paid by Complainant to RTA and for deficiency in service Rs. 25,000/- and litigation expenses of Rs. 10,000/-.

Order pronounced on open court on 2^nd July, 2024.

Supply free copies to the parties.