BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.392 of 2015
Date of Instt. 07.09.2015
Date of Decision :10.01.2017
Rahul Sharma S/o Sh. Gopal Krishan, 404-Paras Estate, Near Kochar Property Dealer Post Office Basti Bawa Khel, Jalandhar City Pin Code 144021. ..........Complainant
Versus
Akariti World Chevrolet Showroom, Opp. President Hotel Vasal Complex adj. Easyday Jalandhar.
Akariti World Service Centre Ladowali Road Near BSF Chowk Jalandhar.
.........Opposite parties
Complaint Under Section 12 of the Consumer Protection Act.
Before: Sh. Karnail Singh, (President),
Sh.Parminder Sharma (Member)
Present: Complainant in person.
Sh. Vikas Sood, Adv. Counsel for OP No.1 and 2.
Order
Karnail Singh (President)
1. The instant complaint filed by complainant, wherein alleged that he has bought a new car from Akariti World Chevrolet company, as Chevrolet Beat LT model on 27th July 2012. I have lot of problems and issues with this car and I am very disappointed from Akariti World Chevrolet company services. All the complaints are as follows:-
(a). On the first day, when I have bought the car, Akariti World Chevrolet company told me, our company will give you 5 litre diesel. But was totally fake commitment and due to shortage of diesel, unfortunately my car was stopped after 5Km on the Railway track and train was coming on that track. You can assume, what the situation was.
(b). I had bought my Beat Car in exchange offer, I exchanged my Alto car to your company on 27th July 2012 and I requested to Aakriti Worlds, please Transfer my ownership document of Alto Car. But it's not done so far. Inspite of giving reminder again and again, there is no any response from Aakarti Worlds. It seems Aakriti Worlds try to ignore the same.
(c). After that I have called in Your good office(General Motors customer care) my request No. is 167618 but your customer care response is not good.
(d). I think I have bought a new car...right??? but I feel that it's an old or second hand Car, because it has lot of problems, I am sure, old car is much better than Chevrolet Company's new car.
Car horn is not working properly.
Car front Bumper space is very low between earth & Car.
Car front wiper is not working properly, as it does not clean the front mirror properly.
Car A/C Gas pipe was leakage after repair and the problem is solved.
Car shockers is not working properly, as there is leakage problem in shockers.
Due to car shocker leakage, Car tyres totally destroyed.
As car shocker leakage, your service centre have not spear shocker. It's disgusting.
Thus, due to all above problems, I can't drive my new car properly.
2. As already mentioned above, I have bought this new car on 27th July 2012 and now on 11th of April 2013, near about 8 months gone. In this short period, I am facing all these problems. How can you say, this is a new car? I feel this car is scrap, after denting painting you have made a new car and sold to me.
3. I have lot of problems from Akarti World Chevrolet Dealer, Jalandhar from the period 3 October 2014 to till date. I purchased on 27th July 2012 from Akarti World Chevrolet Beat and registered number is PBO8CD3998. On 16th July 2014, when I was in Mandi (HP) that time my car engine is heat up and engine was not working after that I went to company service centre Mandi (HP) they told me for repairing the engine cost would be 1,70,000 and car will be delivered after two months, to hear this I was really shocked. Then I discussed with Jalandhar local Mechanic and then decided to Toe the car to way to Jalandhar. He repaired the car within a week but after a month I realized that the engine mechanic did not repair the engine properly. Then I went company workshop where Mr. Partap (A mechanic) said that Mechanic did not put PC valve in my car engine. Then company advisor (Mr. William) told me that maximum cost for overall engine repairing is 30000 to 35000 rupees, then I agree to repair the engine work from company service centre Akarti World Jalandhar after complete engine work, he told me sir engine has lots of extra problem and now its cost will be 45000 rupees. I paid the same and after two three days on 6 October 2014 I go for Jammu and on the way to Jammu I reached Tanda and I realized that engine generating the warm air from the Bonut. Then I called Mr. William and explained all what happened then he said for open the Bonut and check diesel leakage from the plug then I shocked to see lots of diesel in the plug and I requested to Mr. William to send someone there to help me because I worried that engine has got the fire. He denied and told me that come to Jalandhar or Pathankot in our service centre. After that I decided to go Pathankot they repaired the problem and I show them all the bills of Jalandhar workshop after seen the bills they said the cost should be maximum 30,000/- rupees. After one month I checked engine oil and engine oil is empty then I saw engine chamber leakage start then I regular visit company service centre but the problem is still there on the month of July 2015. After second last visit company solve the leakage problem. On 24th July I realized the problem in engine again and check engine oil has totally been finished then I again visit to company service centre after doing diagnose they told me PC valve has been blocked and turbo engine creating the problem because of PC valve. I asked them at the time of repairing the engine has you put pc valve in the engine they said yes. But when I check all the engine bills they did not charged PC valve. I asked them again what is the serial number where you have charged PC valve in the bills they said come and we will show the same. Then I visit they agree they did not put PC valve in the engine and they change their statement. Sir Turbo is not concern with PC valve and 24th July 2015 they put a PC valve in engine and they charge for PC valve 1307 rupees. Now today engine oil leakage from the PC valve and its simply understand company has not qualified person at all. I know because of pc valve in the engine needs full work with turbo. Sir I belong to middle class family I cannot afford engine work again and again that time engine work problem from company service centre and why I pay by the mistake of company. Company told me sir you are not doing service from our service centre. They did not solved even a single problem in one time, then why I service my car from the company. At the time of purchased company gave me guaranty and warranty but they did not claim even a single parts within this guaranty and warranty. Kindly solve my problem and I shall be very thankful to you for this. Do let me know one thing, why people will buy a new car, for facing these problems or wastage of money that the cause of action accrued to the complainant within territorial jurisdiction of this Forum and further stated that due to harassment I faced every time problems as under:-
(a). First and major one when I bought a new car they committed there are already 5 litre diesel in the car but only after 5 km my car stopped middle at the railway crossing and train was coming that time you can assume what the situation was. My family's life was in danger only because of commitment of the company.
(b). As mentioned above on the date of 6 October 2014 because of diesel leakage in the engine my life was in trouble and there was possibility to catch fire in the car any time. After intimation no one has came from the company side.
(c). Due to leakage problem I had visited again and again to the company and in other hand due to visit my job was suffered, my time was waste, my money was waste but still the problems was there.
(d). Due to mistake of the company I have to go again point No.3 problem I have to suffer again. So, now you are humbly requested please compensate all the above points and I am looking forward to solve my problem as soon as possible.
4. Notice of the complaint was given to the opposite parties and accordingly opposite parties No.1 and 2 appeared through their counsel and filed written reply, whereby contested the complaint by taking preliminary objections that the complaint is not maintainable and further alleged that the complainant has not come to the Court with clean hands and even nobody can take advantage of his own wrong. The complainant had not produced his car for the service within a stipulated period as guided by the opposite parties. So, the car was not working properly as the car was not serviced in time. It is the complainant who is at fault. Even the invoice produced by the complainant clearly shows that the car was not produced in time. Hence the compliant is to be dismissed. However, in case the complainant got the service of his car from outsources and later on he produce the record qua that effect, the opposite parties reserve their rights to file the amended written statement at that stage. Each and every time proper services were given. False allegations are made by the complainant. On merits all the averments made in the complaint are categorically denied and lastly prayed the complaint of the complainant is without merit and the same may be dismissed.
5. In order to prove his case, the complainant himself tendered into evidence his duly sworn affidavit Ex.CA alongwith some documents Ex. C1 to Ex.C22 and then closed the evidence.
6. In order to rebut the evidence of the complainant, counsel for opposite parties No.1 and 2 tendered into evidence documents Ex.O1 to Ex.O5 and one affidavit Ex.OP1&2/A and closed the evidence on behalf of opposite parties No. 1 and 2.
7. We have heard the complainant in person and learned counsel for the OPs and also gone through the case file very minutely.
8. The complainant claimed in this complaint that he purchased a car Chevrolet Beat LT on 27th July 2012 but he is very disappointed from OP Akariti World Chevrolet Company services because the car is not properly working, its horn is not properly working, car front bumper space is very low between earth and car, car front wiper is not working properly, as it does not clean the front mirror properly, car AC Gas pipe was leakage after repair and the problem is solved, car shockers is not working properly, as there is leakage problem in shockers, due to car shocker leakage, car tyres totally destroyed, as car shocker leakage, your service centre have not spear shocker. It's disgusting and due to these problems the complainant cannot drive his car properly and these problems have been alleged by the complainant occurred from 27th July 2012 to 11th April 2013 and thereafter the car of the complainant was again starting giving problem in the month of July 2014 while he had gone on tour in Himachal Pardesh and accordingly he got service of the car from OP but the service of the car was not properly done by the OP and as such there is deficiency of service on the part of the OPs and accordingly he demanded compensate charges as over all engine work, horn problem and engine oil and also alleged he was harassed by the OP and in order to prove the allegations, the complainant produced on file his own affidavit Ex.CA and supplementary affidavit Ex.C1. Apart from that he has also brought on file his message sent to the OP through e-mail which is Ex.C2 and its reply is Ex.C3 and Ex.C4 and complainant also wrote a letter in regard to his problem to Chief Minister, Punjab these letters are Ex.C5 to Ex.C7 and also produced on file some bills Ex.C9 to Ex.C17 and some other documents i.e. photograph and others i.e. Ex.C18 to Ex.C20.
9. To the contrary, the claim of the complainant is controverted by the OP by stating that there is no fault on the part of the OP rather the complainant himself failed to get the service of the vehicle within stipulated period as guided by the OP and due to that reason the car was not working properly as car was not serviced in time and therefore, there is no deficiency in service on the part of the OP and further alleged that once engine service was provided and complainant took his car with full satisfaction and as such the present complaint has been filed by the complainant just to harass the OP and in support of its version the OP has brought on file affidavit of one Atul Sehgal Ex.OP1&2/A and some other documents.
10. After considering the over all circumstances as put before us by the complainant in person and learned counsel for the OPs, we find that the claim of the complainant in regard to car horn, bumper space, front wiper, A/C gas leakage, shocker problem is relate to the engine July 2012 to April 2013 whereas the present complaint filed on 07.09.2015 i.e. after lapse of two years from April 2013. So, it means that these allegations/claim of the complainant is time barred.
11. So far the concern of for not properly repairing the car of the complainant which was brought in the service centre in the month of October 2014 and these factum has not been denied by the OP rather OP in the written reply categorically submitted that engine was over all service was provided and complainant took his car with full satisfaction but this version of the OP is not acceptable because the car of the complainant was started giving problem. It means the service of the car was not properly done by the complainant. There might be some negligence on the part of the OP and due to that reason the car is not properly running otherwise there is no fun with the complainant to come in this Forum, the complainant has supported his version by placing on the file so many bills issued by OP time to time. So, it means that the car is still creating problem and the same is not properly repaired by the OPs and under these circumstances OP are liable to gave a proper service to the complainant and after providing repair service a writing be obtained from the complainant that he is satisfy with the service so provided to the car of the complainant but there is no such document has been placed on file by the OP. So, with these observations, we find that the complainant is entitled for some relief as demanded in the complaint.
12. In the light of the above detail discussion, the complaint of the complainant is partly accepted to the effect that the complainant is entitled to get repaired his car from the OP and accordingly OP are directed to repair the car of the complainant free of cost and then hand over to the complainant in a proper working condition. The complainant has also asked for return of the repair cost which is already paid, but we think that repair cost cannot be returned apart from that the complainant has not sought any relief in regard to compensation or litigation expenses. The aforesaid compliance be made within one month from the date of receipt of order. Complaint could not be decided within stipulated time frame due to rush of work.
13. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room
Dated Parminder Sharma Karnail Singh
10.01.2017 Member President
