Orissa

Sambalpur

CC/48/2021

Balaram Jena - Complainant(s)

Versus

1. Managing Director, Renault India Private Limited - Opp.Party(s)

Sri. G.P. Lal & associates

27 Feb 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint Case No.- 48/2021

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

 

Balaram Jena,

S/o-Jogendra Jena,

R/o-At-Burla, Bhaktimandap,

PO/Ps-Burla, Dist-Sambalpur-768017.                         ...………..Complainant

                                                Versus

1. Managing Director, Renault India Private Limited

9^th Floor, “Willow Square”, Plot No. 8,9,& 10.

1^St St, Thiruvika Industrial Estate, Guindy,

Chennai, Tamilnadu-600032.

2. Renault India Private Limited, East Regional Office Infinity Benchmark

Plot No. G-1 in block-GP, sector-V of Bidhan Nagar, North 24-Parganas, Kolkata-700091.

3. Mr.Sidharth Garg, Director, Gargson Automobiles Private Limited

Plot No.A/66, Nayapalli, N.H.-5, Bhubaneswar-751003

4. Gargson Automobiles Private Limited, Renault,

Plot No. 835/3754, Sambalpur, Unit No.12,

Remed, Near Maa Durga Complex,

Sambalpur, PIN-768006

5. Sri. Bikash Majhi, Service Manager-cum-in-charge of workshop,

Gargson Automobiles Private Limited, Renault,

Plot No. 835/3754, Sambalpur, Unit No.12,

Remed, Near Maa Durga Complex,                     ………….Opp.Parties

Counsels:-

1. For the Complainant         :-       Sri. G.P.Lal, Advocate & Associates
2. For the O.P No.1& 2          :-       Miss Godhuli M.Dash & Associates
3. For the O.P No.3,4 & 5      :-       Sri. B.K.Purohit & Associates

 

Date of Filing:06.09.2021,Date of Hearing :06.12.2022Date of Judgement : 27.02.2023

Presented by Dr. Ramakanta Satapathy, President

1. The case of the Complainant is that on 29.11.2020 the Complainant purchased one DUSTER of Renault India Pvt. Ltd, O.P. No.1 having vehicle No. OD-02E-3613, Engine No. Do-17842 and chasis No. MEEHSRA36D2017160 from Vaishno Motors, Bhubaneswar which was transferred in the name of Complainant on 24.01.2021. On 25.01.2021 the vehicle was insured with ICICI Lombard. The O.P. No.2 is the head of O.P. No.1 Company East region and O.P. No.3 is the head of Gargson Automobiles Pvt. Ltd. O.P. No.4 is the head of the district and O.P. No.5 is the service Manager under O.P. No.4.

On 27.01.2021 the vehicle met an accident at village Amath while returning from Bhawanipatna. After knowing the fact from Kesinga Police the Complainant informed Sri Prasanta Kumar Pattanaik, agent of Insurance Company who proceeded to the accident place, took photographs. The matter reported in Kesinga Police having Diary No. 019 dated 27.01.2021. The front side of the vehicle had been completely damaged. As per instruction of O.P. No.4 vehicle was taken from accident place to stock yard for maintenance for 12.02.2021. O.P. No.5 instructed Sri. Bharat Meher, Asst. Service Manager and Sri. Anjaan Badhai, Service Advisor to issue job Card and Rs. 36,644.80P repair cost mentioned. They promised to return the vehicle by 15.03.2021.

On 12.02.2021 again the O.P. No.5 issued a proforma invoice giving estimate of Rs. 2,65,149/-. Again O.P. no.5 issued two Ro estimate of Rs. 3,20,196/- and Rs. 4,76,679/- respectively. The O.P. No.4 & 5 were permitted to dismantle the vehicle.

On 28.02.2021 the Asst. Service Manager, Sri. Bharat Meher demanded Rs. 10,000/- and the amount was transferred through google pay to adjust the amountwith final bill but later came to know that the amount has been taken in bribe. The matter informed to O.P. No.3 & 4 but they remained silent. The Complainant waited for five months to repair the vehicle gave final bill of Rs. 2,65,149/- and assured to deliver the vehicle after replacement of the pipe condenser which was damaged. After 5/6 days the O.P. No.4 when not handed over the vehicle, the Complain ant enquired and came to know that the engine of the vehicle was not in good condition and it will take 5/6 days repair to run the vehicle in good condition.

No where in job card proforma estimate and RO estimate the engine had been shown damaged but the O.P. no.4 when said engine is in bad condition, it is after thought and with malafide intention. In the test drive the engine was in good condition but after 5/6 days O.P. No.4 informed about fault of engine. Immediately the O.P. No.3 was informed who assured to rectify the defects.

On 31.07.2021 the O.P.No.1, 2 & 3 before whom complaint made but no result found till filing of the complaint. On 02.08.2021 Narindar Kaur, customer Relation Manager denied all allegations. Again O.P. No.1 & 2 on 03.08.2021 sent a mail that phone number of Complainant became not reachable, hence they could not contact with him.

On 23.08.2021 Narindar Kaur, customer Relationship Manager Renault, Sambalpur informed that O.P. no.4 will not be responsible, thereafter the Complainant reported the matter to O.P. No.1 to 3 but the O.Ps remained silent. For deficiency in service and unfair trade practice this complaint has been filed.

2. The O.P. No.1 in its version denied all the allegations of the Complainant. The O.P. No.1 is not a necessary party. The O.P. No.4 is an authorized dealer and O.P. No.5 is its service centre. The main allegations are against O.P. No.3, 4 & 5 and prayed for dismissal of the complaint.
3. The O.P. No.3, 4 & 5 in their version submitted that the dispute is not a consumer dispute nor there is any deficiency in service of O.P. No.3, 4 & 5. The accident vehicle OD-02E-3613 was received in the workshop of Gargson Automobile Pvt.Ltd., Sambalpur on 12.02.2021 in a damaged condition. The vehicle is registered in the name of Pramila Behera. It was estimated Rs. 3,14,417/- for parts and labour charges. The Complainant agreed to bear the cost as there was no insurance coverage in his name. After receiving advance, parts were indented from regional office but due to Covide-19 situation non-availability of parts and disruption on transportation the vehicle was repaired after a lot of hardship and put to trial in presence of the Complainant.

There was emission of black smoke after driving for few minutes, the vehicle was brought to garage, the Complainant not allowed to dismantle the engine to see the defects as a result the vehicle was kept in idle position in the yard of the Company.

The vehicle was completely damaged and on the request of Complainant repair work was undertaken, estimate given in his name although is not the owner of the vehicle. Job Card was issued, dismantling of the body made and different times estimates were prepared.

Bharat Meher was an employee of the O.Ps but they have no knowledge about payment of Rs. 10,000/-. Complaint received from Complainant but by then Bharat Meher was not in service. The amount has not been deposited in office account.

There was odometer reading of 118088 but it was tampered to 61068 in May 2020. When vehicle was taken to Bhubaneswar garage the odometer reading was 105000. The Complainant was informed but he remained silent and filed the complaint.

The O.Ps are ready and willing to overhaul the engine and pay the amount which may be required for the work. The case is liable to be dismissed.

4. Perused the documents filed by the parties. In hire-purchase agreement the Complainant purchased the vehicle bearing No. OD-02E-3613 from Pramila Behera taking finance through Vaishno Motors from Hero Fincrop Ltd. The Complainant filed G.D. No. 019 dated 27.01.2021 of Kesinga Police Station, Job Card dated 12.02.2021, proforma invoice of Rs. 2,65,149.00 R.O. Estimate, mail complaint dated 31.07.2021, reply of O.P. No.3, 4, 5 dated 02.08.2021, 03.08.2021 and 23.08.2021, photographs of the accident vehicle etc.
5. This is a complaint relating to deficiency in service and for unfair trade practice against O.P. No.3, 4 & 5. The vehicle manufactured by O.P. No.1 & 2 but after accident on 27.01.2021 it was taken to the O.P. No.3 to 5 for repairing and dis-satisfaction arose. From the circumstances of the case it reveals that the O.P. No.1 & 2 are not necessary parties.
6. The accident vehicle was taken to O.P. No.4 on 12.02.2021 and the O.P. No.5 issued job card dated 12.02.2021 wherein estimated cost reflected Rs. 36,644.80P for accident repair cost. Two R.O. estimate have been issued for Rs. 3,20,916/- and Rs. 4,76,679/-. The Complainant permitted the O.Ps to repair and dismantle the vehicle.

Payment of Rs. 10,000/- to Bharat Meher is not acceptable as it is without receipt in the service station. Giving and taking such gratification is illegal and the Complainant is equally liable. As this is a complaint case the matter can not be taken into consideration.

From the estimates it reveal that the O.P. No.4 & 5 tested the vehicle, prepared the estimate and the Complainant agreed to repair the vehicle. The contention of the Complainant is that the engine was in good condition, whereas the contention of O.P. No.3, 4 & 5 is that fault of the engine can be detected at any time and without examining by overhauling/ dismantling fault cannot be found, the Complainant not allowed to overhaul/dismantle.

The vehicle manufactured in December 2012 at the time of purchase of Pramila Behera, hire-purchase agreement made on 28.11.2020 for Rs. 4,20,000/-. The IDV of the vehicle is Rs. 4,24,200/-. The accident took place on 26.01.2021. The Complainant not filed any insurance documents in his name. Only for that reason he preferred for self repairing instead of insurance claim. The value of repairing cost is more than the value of purchase. Mere alleging against the O.Ps are not sufficient. The Complainant not filed any money receipt showing payment to the service providers. While purchasing a second hand vehicle in finance the Complainant is aware of the condition of the engine and he should have allow the service providers to test the engine but he did not allow. From the aforesaid facts it is clear that the Complainant has not come to the Commission in clean hand.

Accordingly it is ordered:

6698606.  

The complaint is dismissed against the O.Ps. No cost.

Order pronounced in open court on this 27^th day of February 2023.

Supply free copies to the parties.