Andhra Pradesh

Visakhapatnam-II

CC/374/2010

P. Buddha Gayatri - Complainant(s)

Versus

Bajaj Auto Limited - Opp.Party(s)

M. Venu Gopala Rao

23 Jun 2015

ORDER

                                              Date of Registration of the Complaint:11-10-2010 

                                                                                                Date of Order:23-06-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                                VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao, M.A., B.L.,

                                     Male Member

 

                          Saturday, the 23^rd  day of June, 2015.

                             CONSUMER CASE No.374/2010

Between:-

Smt. P. Buddha Gayatri, wife of Sanjay Kiran, Hindu,

aged about 31 years, D. No. 28-18-32/6, Dabagardens

Kanakala Street, Nr. Saraswathi Park, Visakhapatnam.

                                                                                                     ….. Complainant

And:-

1.Bajaj Auto Limited, Akurdi, PUNE-411 035,

    Maharastra, India.

2.General Manager, Customer Service, Bajaj

   Auto Limited, 508-Saptagiri Towers,

   SP Road, Begumpeta , Hyderabad-500016.

3.The Manager, Varun Motors, Dealer for Bajaj

    Auto Ltd., 43-29-54, Dondaparthi Jn.,

    Visakhapatnam-16.

                                                                                      …  Opposite Parties

                     

This case coming on 16.06.2015 for final hearing before us in the presence of Sri M.V. Venu Gopala Rao & B. Padmaja, Advocates for the Complainant and Sri D.V.S.S. Somayajulu,, Advocate for the Opposite Party and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

        (As per Smt. K. Saroja Honourable Lady Member on behalf of the Bench)

 

1.       The case of the Complainant in brief is that the Complainant had purchased Bajaj Pulsar from Bajaj Varun Motors, Dondaparthi, Visakhapatnam i.e., the 3^rd Opposite Party under the exchange scheme by exchanging of her old vehicle Hero Honda Passion two Wheeler bike.   The said purchase was made through the finance of Bajaj Finance Company.   The vehicle cost is Rs.69,110/- the Complainant has agreed for payment of insurance amount of Rs.1,510/- and the same was deducted from the price of the vehicle which comes to Rs.67,600/-.    The Complainant has taken the loan from the Bajaj finance of Rs.52,000/- and the same has to be repaid in 30 monthly equal installments of Rs.2,253/- as EMI   The 3^rd Opposite Party has  assessed the old vehicle (Hero Honda Passion) of the Complainant to an amount of Rs.19,500/- but the 3^rd Opposite Party deducted an amount of Rs.19,000/- only from the invoice price of the new vehicle.    The 3^rd Opposite Party has given Temporary Registration Certificate to the Complainant only in the month of June, 2010, but the vehicle was purchased on 19^th September, 2009.   The 3^rd Opposite Party did not give all the relevant papers pertaining to the new vehicle of the Complainant.   The 3^rd Opposite Party has been collected excess amount of Rs.1,100/-.     The Opposite Parties failed to give the documents and minimum service to the Complainant leads to file this Complaint.   The Complainant issued a legal notice to the Opposite Party, reply was given by the Opposite Party.   Hence, this Complaint.

2.       a) To direct the Opposite Parties to pay an amount of Rs.8,00,000/- compensation for suffering mental agony and damages, due to the deficiency of the Opposite Parties;

          b) To return the excess amount of Rs.1,000/- collected by the 3^rd Opposite Party from the Complainant;

          c) To pay Rs.2,71,000/- includes loss of salary, reimbursement charges and Transport charges;

          d) To grant such other relief or reliefs as this Forum deems fit in the circumstances of the case.

 

3.       The 1^st Opposite Party did not resist the claim of the Complainant, as it was set exparte and remained set exparte.

          The 3^rd Opposite Party filed a counter and the same was adopted by the 2^nd Opposite Party.

 

4.       The Opposite Party strongly resisted the claim of the Complainant by contending, as can be seen from their counter.     The Complainant failed to obtain registration within 30 days from the date of temporary registration as required under law.   So, the Opposite Party had to incur extra expenditure to a tune of Rs.900/- was paid to RTA on 15.06.2010 on account of the Complainant negligent nature.   Although the Complainant had taken delivery of the vehicle on 27.09.2009, the Complainant had never alleged such non-delivery of manual except in her notice.    Rest of the allegations made by the Complainant are denied by the Opposite Party.   So, they have no liability to pay any reliefs asked by the Complainant.

 

5.       At the time of enquiry, both parties filed their affidavits as well as written arguments to support their contentions.   Exs.A1 to A12 are marked for the Complainant.   Exs.B1 to B12 are marked for the Opposite Parties  Heard Both sides.

 

6.       Ex.A1 is the original Brochure of Bajaj Pulsar dated 27.09.2009.   Ex.A2 is the original  Delivery Challan/Gate Pass issued by the 3^rd Opposite Party in favour of the Complainant dated 27.09.2009.   Ex.A3 is the office copy of Invoice issued by the 3^rd Opposite Party in favour of the Complainant dated 10.10.2010.    Ex.A4 is the original Payment Slips of Rs.623/- to the 3^rd Opposite Party through ICICI Bank.   Ex.A5 is the original different types of rates of quotation given to the Complainant (4) in numbers.   Ex.A6 is the office copy of Registered Lawyer’s Notice issued by the Complainant’s counsel to the Opposite Parties dated 06.07.2010.   Ex.A7 is original Acknowledgement from the 3^rd Opposite Party dated 09.07.2010.   Ex.A8 is the office copy of reply notice issued by the 3^rd Opposite Party to the Complainant’s counsel dated 27.07.2010.  Ex.A09 is the original copy of Appointment of letter issued by the Future Generali India (Life Insurance Company Ltd.) in favour of the Complainant dated 12.01.2009.   Ex.A10 is the photo copy of Driving Licence of the Complainant dated 15.06.2010.  Ex.A11  is the photo copy of Receipt issued by the Officer In-charge, II Town Police Station, Visakhapatnam in favour of the Complainant’s husband dated 25.08.2011.   Ex.A12 is the photo copy of letter addressed by the Complainant’s husband to the Station House Officer, II Town Police Station, Visakhapatnam dated 25.08.2011.

 

7.       Ex.B1 is the office copy of Invoice issued by the 3^rd Opposite Party in favour of the Complainant dated 27.09.2009.   Ex.B2 is the office copy of Receipt issued by the 3^rd Opposite Party in favour of the Complainant dated 28.09.2009.  Ex.B3 is the Office copy of Approval cum Delivery order issued by the 3^rd Opposite Party to the Complainant dated 09.10.2009.   Ex.B4 is the office copy of Loan Document issued by the 3^rd Opposite Party to the customers dated 14.10.2010.   Ex.B5  is the office copy letter of Permanent registration of bike issued by the 3^rd Opposite Party in favour of the Customers dated 03.11.2009.  Ex.B6 is the office copy of permanent registration of bike (pending rc data) issued by the 3^rd Opposite Party dated 02.06.2012.   Ex.B7 is the office copy of Receipt balance amount of pulsar issued by the 3^rd Opposite Party in favour of the Complainant dated 08.06.2010.    Ex.B8 is the attested photo copy of Receipt for Payment of Cash (RTA) issued by the A.P.T.C. dated 15.06.2010.   Ex.B9 is the attested copy of Payment Voucher issued by the 3^rd Opposite Party in favour of the Complainant dated 22.06.2010.  Ex.B10 is the original Statement of Account with Owner’s Manual issued by the HDFC Bank in favour of the Complainant dated 04.09.2009 to 03.10.2009.  Ex.B11 is the attested copy of Vehicle Registration Search (Vehicle Details) issued by the Govt. of Andhra Pradesh Transport Department in favour of B Ramachandra Rao, owner of the vehicle dated 15.06.2010.   Ex.B12 is the original copy of Form-24, B-Register of Motor Vehicle issued by the Addl. Registering Authority, Visakhapatnam dated 15.06.2010.

 

8.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Parties.   Whether the Complainant is entitled to any reliefs asked for?

 

9.         After careful perusal of the case record, this Forum finds that the Complainant purchased Bajaj Pulsar from the Opposite Parties on 27.09.2009 is not in-dispute, after using the vehicle nearly 11 months, the Complaint filed on 11.10.2010 alleging that the 3^rd Opposite Party received excess amount from the Complainant and did not handover owner’s manual to the Complainant.   While the Complaint is pending before this Forum, the Complainant sold away her vehicle to the 3^rd Opposite Party.   According to Ex.B11,  it is clear that the Complainant sold away the alleged vehicle AP 31 DH 3512 to Mr. B. Ramachandra  Rao.  Ex.B12 reveals that in Form No.24 B register the owner of the alleged vehicle from 15.06.2010 to 7.6.2012 is the Complainant.   From 7.6.2012 the owner name was showed as B. Ramachandra Rao.   After perusal of the documents, we are of the opinion, that the Complainant has sold away her Bajaj Pulsar to the 3^rd Opposite Party while the complaint is pending before this Forum.   The 3^rd Opposite Party relied upon the Hon’ble sNational Consumers Dispute Redressal Commission, New Delhi IV (2013) CPJ 444 (NC) held in Tata Motor Ltd., & another Vs. Hazoor Maharaja Baba Des Rajji Chela Baba Dewa Singhji (Radha Swami) & another.  Having disposed of the property during the pendency of the complaint, in our view, the Complainant would cease to be a consumer.

 

          IV (2013) CPJ 258 the Hon’ble National Consumer Disputes Redressal Commission held in Honda Cars India Ltd., Vs. Jatinder Singh Madan & another. Once vehicle is sold during pendency of complaint, Complainant does not remain consumer for purposes of Consumer Protection Act.

 

          III (2010) CPJ 129 the Hon’ble Andhra Pradesh State Consumers Disputes Redressal Commission, Hyderabad, held in B. Shai Reddy Vs. ICICI Lombard General Insurance Company Ltd., & others.   The Complainant not consumer-vehicle sold in scrap- lost interest in vehicle  thereby lost the right to maintain complaint-Claim repudiated.

 

          Moreover, the Complainant did not file any document to show that at present she is the owner of the alleged vehicle AP 31 BH 3512, so it is clear that the Complainant sold away the alleged vehicle while the case is pending before this Forum.   We are of the opinion, that there is no deficiency of service on the part of the Opposite Parties.   We are of the opinion, that the Complainant sold away her vehicle according to Ex.B12 so there is no deficiency in service on the part of the Opposite Parties, as per observations made by the Hon’ble National Commission as well as the Hon’ble State Commission.   Hence, the Complaint is liable to be dismissed.  

 

10.     In the result, this Complaint is dismissed.   No costs.

 

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 23th day of June, 2015.      

             

Sd/-                                      Sd/-                                       Sd/-                                  

President                              Male Member                      Lady Member

                                     

 

 

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	27.09.2009	Brochure of Bajaj Pulsar	Original
Ex.A02	27.09.2009	Delivery Challan/Gate Pass issued by the 3rd OP in favour of the Complainant	Original
Ex.A03	10.10.2010	Invoice issued by the 3rd OP in favour of the Complainant	Office copy
Ex.A04		Payment Slip of Rs.623/- to the 3rd OP through ICICI Bank	Original
Ex.A05		Different types of rates of Quotation given to the Complainant (4) in numbers	Original
Ex.A06	06.07.2010	Registered Lawyer’s Notice issued by the Complainant’s counsel to the Ops	Office copy
Ex.A07	09.07.2010	Acknowledgement from the 3rd OP	Original
Ex.A08	27.07.2010	Reply notice issued by the 3rd OP to the Complainant’s counsel	Office copy
Ex.A09	12.01.2009	Appointment of letter issued by the Future Generali India (Life Insurance Company Ltd.,) in favour of the Complainant	Original
Ex.A10	15.06.2010	Driving Licence of the Complainant	Photo copy
Ex.A11	25.08.2011	Receipt issued by the Officer In-charge, II Town Police Station, VSP in favour of the Complainant’s husband	Photo copy
Ex.A12	25.08.2011	Letter addressed by the Complainant’s husband to the Station House Officer, II Town Police Station, VSP	Photo copy

For the Opposite Parties:-    

                                       

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.B01	27.09.2009	Invoice issued by the 3rd OP in favour of the Complainant’s husband	Office copy
Ex.B02	28.09.2009	Receipt issued by the 3rd OP in favour of the Complainant	Office copy
Ex.B03	09.10.2009	Approval Cum Delivery order issued by the 3rd OP to the Complainant	Office copy
Ex.B04	14.10.2010	Loan Document issued by the 3rd OP to the Customers	Office copy
Ex.A05	03.11.2009	Permanent registration of bike issued by the 3rd OP in favour of the Customers	Office copy
Ex.B06	02.06.2012	Permanent registration of bike (pending rc data) issued by the 3rd OP	Office copy
Ex.B07	08.06.2010	Receipt balance amount of pulsar issued by the 3rd OP in favour of the Complainant	Office copy
Ex.B08	15.06.2010	Receipt for payment of Cash (RTA) issued by the A.P.T.C.	Attested copy
Ex.B09	22.06.2010	Payment Voucher issued by the 3rd OP in favour of the Complainant	Attested copy
Ex.B10	04.09.2009 to 03.10.09	Statement of Account with Owner’s Manual issued by the HDFC Bank in favour of the Complainant	Original
Ex.B11	15.06.2010	Vehicle Registration Search (Vehicle Details) issued by the Govt. of Andhra Pradesh Transport Department in favour of B. Ramachandra Rao, owner of the vehicle	Attested copy
Ex.B12	15.06.2010	Form-24, B-Register of Motor Vehicle issued by the Addl. Registering Authority, VSP	Original

       

Sd/-                              Sd/-                              Sd/-

President                              Male Member                       Lady Member