Haryana

StateCommission

RP/12/2017

BALJEET SINGH - Complainant(s)

Versus

AARYAMAN AUTOMOBILES - Opp.Party(s)

A.K.GUPTA

20 Feb 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No:    12 of 2017

Date of Institution:        06.02.2017

Date of Decision :         20.02.2017

 

Baljeet Singh s/o Sh. Chand Ram, Resident of Mandi Road, Israna, Tehsil Israna, District Panipat.

                                      Petitioner-Complainant

Versus

1.      Aaryaman Automobiles through its Branch Manager, Plot No.64, Sector-25, HUDA, Phase-1, Industrial Area, Panipat.

2.      Aaryaman Automobiles, G.T. Road, Karnal through its G.M. Head Office 117/6, KM Milestone, G.T. Road, Karnal.

3.      General Motors India (P) Limited, through its Managing Director/Marketing Division Manager, A-16, MIDC, Talegaon, Industrial Area, Phase-II, near Floriculture Park, Telegaon, Navlakh, Umbhre Village Road, Tehsil Maval, Pune-410507. 

                                      Respondents-Opposite Parties

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri Balbir Singh, Judicial Member.

                  

Argued by:          Sh. Pardeep Solath, Advocate for petitioner.

Sh. A.K. Singh, Advocate for respondents No.1 & 2.

 

                                                   O R D E R

NAWAB SINGH J.(ORAL)

 

          This complainant’s revision petition is directed against the order dated January 17^th, 2017 passed by District Consumer Disputes Redressal Forum, Panipat (for short ‘the District Forum’), whereby it directed Aaryaman Automobiles-Opposite Parties No.1 and 2 to hand over possession of the vehicle bearing registration No.HR-06 AF-8048 to the complainant on making payment of Rs.1,08,481/- by the complainant.

2.                Baljeet Singh-complainant/petitioner purchased a car (Chevrolet Beat), bearing Registration No.HR-06 AF-8048 on February 20^th, 2015 from Aaryaman Automobiles-opposite parties No.1 and 2, that is, the authorised dealers of General Motors India Private Limited-Opposite Party No.3 (manufacturer). The car was insured with The New India Assurance Company Limited (for short ‘the Insurance Company’) vide policy Annexure P-6. The complainant noticed some defects in the car. The car was taken to Aaryaman Automobiles-opposite party No.1 and the same was repaired on October 14^th, 2016. After repairing the car, the opposite No.1 raised bill of Rs.1,08,481/-. The complainant did not pay the bill amount on the ground that the car was having manufacturing defects. So, the opposite party No.1 did not deliver the car to the complainant. Hence complaint under Section 12 of the Consumer Protection Act, 1986 was filed before the District Forum seeking direction to the opposite parties to hand over possession of the car to him after receiving the amount of Rs.10,000/- only.  

3.                During the hearing, it has been agreed between the parties that the complainant shall pay 50% of the bill amount of Rs.1,08,481, that is, Rs.54,240/- and for the remaining amount, he would furnish adequate security to the satisfaction of the District Forum. After paying 50% of the bill amount and furnishing the security, Aaryaman Automobiles-opposite parties No.1 and 2 shall release the car to the complainant subject to the decision of the complaint. It is ordered accordingly.

4.                The District Forum is directed to decide the complaint within three months from the date of receipt of this order.

5.                The revision petition stands disposed of accordingly.

 

 

Announced: 20.02.2017

(Balbir Singh) Judicial Member

(Nawab Singh) President

 

CL