Karnataka

Chitradurga

CC/209/2018

Sri.Ismail jabiulla S/o Late Buden Sab - Complainant(s)

Versus

Bellad Engineers Pvt Ltd., - Opp.Party(s)

Sri.R.N.Parthalinga

03 Aug 2019

ORDER

COMPLAINT FILED ON : 11/10/2018

                          DISPOSED ON:03/08/2019

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO.209/2018 DATED: 3rd August 2019

 

PRESENT :-         SRI.T.N.SREENIVASAIAH      :   PRESIDENT                                                     B.A., LL.B.,

                             SRI. SHIVAKUMAR.K.N         :     MEMBER

                             M.Com., LL.B.,

COMPLAINANT/S	Sri. Ismail Jabiulla, S/o Late Buden Sab, Owner of Maxi Cab Bearing Reg. No. KA-16-/B-9851,                R/o K.H. Ranganatha Extension, Javagondanahalli Village, Hiriyur Taluk, Chitradurga District.  (Rep by Sri. Parthalinga R.N.  Advocate)
OPPOSITE PARTIES	1. Bellad Engineers Pvt., Limited, Represented by its proprietor, Near Karnataka Petrol Bunk, B.D. Road, Chitradurga Town. 2. TATA Motors and Manufacturing Unit, Represented by Its Managing Director, Belur Industrial Area, Garaga Road, Mummigatti Post, SH-73, Dharawad-580001.         (Op.1 and 2 Placed Ex parte)

 

SRI. T.N. SREENIVASAIAH: PRESIDENT

ORDER

The complainant has filed this complaint U/s 12 of C.P. Act 1986 against the OPs for claiming to repay the amount of Rs. 6,00,000/-towards purchase of the vehicle and loss of income of Rs. 750/per day for 47 month Rs. 10,57,500/- to grant compensation of Rs.1,00,000/- and mental agony  and  interest at the rate of 18% per month and such other reliefs.

       2. The brief facts of the case:   The complainant is the RC owner of TATA Venture GX Maxi Cab bearing Reg., No. KA-16-B-9851 and the said vehicle was purchased by the complainant on 09/12/2013 from the OP.1. The same has been manufactured by the OP.2 and further the complainant purchased the above said vehicle by obtaining loan from TATA Motors Finance Limited for an amount of Rs. 5,76,000/- through loan account No.5001443748 on 02/01/2014. The complainant agreed to repay the said loan in a monthly installment of Rs. 18,450/- from 02/01/2014 to 02/12/2017 for 48 installments.

        3. That the complainant has purchased the said vehicle for the purpose of his livelihood and also to look after the family necessities from the income which will be earned from the vehicle. And the complainant get the income from the said vehicle for Rs. 750/- per day excluding all the expenses which will be incurred by him.

        4. That surprisingly the said vehicle has got engine problem and for that the complainant has left his vehicle in Dhakshin Motors at Chitradurga which is an authorized service center of TATA Motors for repair on 18/07/2014. After repair again the same problem of engine has been arise. Again on 15/10/2014 the complainant left the said vehicle before the Durga Car Services Pvt. Limited, for repair.

        5. After that the Durga Car Services Pvt. Limited has put job slip to the vehicle at about 1:00 PM on 15/10/2014.  The Durga Car Services Pvt. Limited. The said Durga Car Services Pvt. Limited, Manager says that the problem has been found in the vehicle is not able to solve the same, The manufacturer was supplied defective vehicle to the complainant. The engine problem is not able to rectified. Due to that the complainant was intimated the same to the  OP.1. Intern OP.1 intimated the same to the OP.2 till today the vehicle with the Durga Car Services Pvt., limited.    

        6. That the complainant was contacted the OP.1. The OP.1 have send the massage to the OP.2. The OP.2 have failed to rectified the problem has found in the engine and he fails to replace the vehicle.

7. That the OP No.1 have delivered a defective vehicle to the complainant and the same has been manufactured defective vehicle to the complainant. The complainant has approached OP No.1 for replace the vehicle or to give the entire amount which has been paid by the complainant, but it was went in vain.

        8. That the TATA Motors Finance Limited has filed a PCR No.57752/2017 before 14^th Addl. Chief Metropolitan Magistrate Court at Bangalore and he has arrayed complainant as a OP and the said TATA Motors Finance Limited has filed the suit for the recovery of the amount against the complainant and the said TATA Motors Finance Limited has filed the suit for recovery of  an amount of Rs.7,56,130/-.

        9. That the complainant is a lay and poor man and his vehicle has been left for repair in Durga Car Services Pvt. Limited at Chitradurga since from 15/10/2014 and the said fact has been known to TATA Motors Finance limited. The OPs and TATA Motors Finance limited has filed the PCR and subsequently they have filed the affidavit and the same has been registered in CC  No.58559/2017 against the complainant.

        10. Due to negligent act of the OP,2 the complainant has lost his income and also his suffering from mental agony, since his vehicle is still in Durga Car Services Pvt. Limited Chitradurga and TATA Motors Finance Limited.

        11. Due to sold the defective vehicle to the complainant, the complainant will be put in to great loss and mental agony and suffered heavy loss. Hence pray for  allow the complaint.

        12. The cause of action for this complaint has arose on 15/10/2014 the date on which the vehicle has left for repair and also on subsequent date  on 09/10//2018 the date on which the complainant has met Durga Car Services Pvt. Limited, Chitradurga and they have stated that it is impossible for them to repair the vehicle. Within the jurisdiction of this Hon’ble Forum. Hence this Hon’ble Forum has got the Jurisdiction to entertain the above complaint.

        14. After service of notice, OPs have not appear before this Forum and hence, placed ex-parte. 

15. Complainant himself examined as PW-1 by filing affidavit evidence and relied on documents Ex A-1 & A-11 and closed his side. 

 

16. Heard the arguments. 

 

17.  Now the Points that arise for our consideration for the decision of the complaint are that:-

Point No.1:- Whether the complainant proves that, the OPs have committed deficiency of service by sold the defective vehicle to the complainant and failed to solve the defects has been found in the vehicle or non-return of the vehicle amount as already been collected from the complainant and pay the loss of income to the complainant and entitled for the reliefs as prayed in the complaint?

 

Point No.2:- What order?

 

      

18. Our findings on the above points are as follows:

 

       Point No.1:-Partly Affirmative.

       Point No.3:-As per the final order.

::REASONS::

 

19. Point No. 1:-   The complainant is the RC owner of TATA Venture GX Maxi Cab bearing Reg., No. KA-16-B-9851 and the same was purchased by the complainant on 09/12/2013 from the OP.1. The same has been manufactured by the OP.2. The complainant purchased the above said vehicle by obtaining loan from TATA Motors Finance Limited for an amount of Rs. 5,76,000/- through loan account No.5001443748 on 02/01/2014. The complainant agreed to repay the said loan in a monthly installment of Rs. 18,450/- from 02/01/2014 to 02/12/2017 for 48 installments.

        3. That the complainant has purchased the said vehicle for the purpose of his livelihood and also to look after the family necessities from the income which will be earned from the vehicle. And the complainant get the income from the said vehicle for Rs. 500/- per day excluding all the expenses which will be incurred by him.

        4. That surprisingly the said vehicle has got engine problem and for that the complainant has left his vehicle in Dhakshin Motors at Chitradurga which is an authorized service center of TATA Motors for repair on 18/07/2014. After repair again the same problem has been arise in the said vehicle. Again on 15/10/2014 the complainant left the said vehicle before the Durga Car Services Pvt. Limited, for repair.

        5. After that the Durga Car Services Pvt. Limited has put job slip to the vehicle at about 1:00 PM on 15/10/2014.  The Durga Car Services Pvt. Limited. The said Durga Car Services Pvt. Limited, Manager says that the problem has been found in the vehicle is not able to solve the same, the manufacturer was supplied defective vehicle to the complainant. The engine problem is not able to rectify. Due to that the complainant was intimated the same to the  OP.1. Intern OP.1 intimated the same to the OP.2 till today the vehicle with the Durga Car Services Pvt., limited.   

        6. That the complainant was contacted the OP.1. The OP.1 have send the massage to the OP.2. The OP.2 have failed to rectified the problem has found in the engine and he fails to replace the vehicle.

7. That the OP No.1 have delivered a defective vehicle to the complainant and the same has been manufactured defective vehicle to the complainant. The complainant approached the OP No.1 for replace the vehicle or to return the  entire amount which has been paid by the complainant, but it was went in vain.

        8. That the TATA Motors Finance Limited has filed a PCR No.57752/2017 before 14^th Addl. Chief Metropolitan Magistrate Court at Bangalore and he has arrayed complainant as a OP and the said TATA Motors Finance Limited has filed the suit for the recovery of the amount against the complainant and the said TATA Motors Finance Limited has filed the suit for recovery of  an amount of Rs.7,56,130/-.

        9. That the complainant is a lay and poor man and his vehicle has been left for repair in Durga Car Services Pvt. Limited at Chitradurga since from 15/10/2014 and the said fact has been known to TATA Motors Finance limited. The OPs and TATA Motors Finance limited has filed the PCR and subsequently they have filed the affidavit and the same has been registered in CC  No.58559/2017 against the complainant.

        10. Due to negligent act of the OP,2 the complainant has lost his income and also his suffering from mental agony, since his vehicle is still in Durga Car Services Pvt. Limited Chitradurga and TATA Motors Finance Limited.

        11. Due to sold the defective vehicle to the complainant, the complainant will be put in to great loss and mental agony and suffered heavy loss. Hence pray for  allow the complaint.

The complainant is the RC owner of TATA Venture GX Maxi Cab bearing Reg., No. KA-16-B-9851 and the same has been purchased from OP.1 on 09/12/2013 by obtaining loan from the  TATA motors Finance limited, Chitradurga for Rs. 5,76,000/- through loan account:5001443748 on  02/01/2014 and agreed to pay the installment for Rs. 18,450/- in 48 monthly  installments the same has been commenced from 02/01/2014 to 02/12/2017.  The same has been registered   before the Regional Transport Authority on 21/02/2014.

        That the OP No.1 have delivered a defective vehicle to the complainant and also OP No.2 has manufactured defective vehicle. The complainant have visited  number of times before the OP No.1 for replace the defective   vehicle or to return the entire amount which has been collected from the complainant, since the OP.2  have  neglected to return the amount has been paid by the complainant or replace the New vehicle by take back the  defective vehicle from the complainant. Non returning of the amount or replace the vehicle the complainant will be put into great loss and which can’t be compensated by any other means. The complainant was obtained loan from the TATA Motors Finance Limited. Due to supplying of the defective vehicle to the complainant, the complainant is not able to return the loan amount to the TATA Motors Finance limited.  Due to that the TATA Motors Finance Limited has filed a PCR in No.57752/2017 before Hon’ble 14^th Addl. Chief Metropolitan Magistrate Court at Bangalore. And he has arrayed and the said TATA Motors Finance Limited was also filed the suit for recovery an amount of Rs.7,56,130/- against the complainant.

        10. Due to negligent act of the OP.2 the complainant has lost his income and also his suffering from mental agony, since his vehicle is still being in Durga Car Services Pvt. Limited Chitradurga. The OP.2 have committed deficiency of service  by sold the defective vehicle to the complainant. The both OPs have colluded each other and sold the manufactured defective vehicle. Because of non return of the received amount to the complainant and non solve the defects has been found in the vehicle. The complainant suffered nearly Rs.500/- per day nearly 47 months that amount is of Rs. 7,05,000/-. The complainant was purchased the above said vehicle on 02/01/2014 for obtaining loan from the TATA Motors Finance limited, for a sum of Rs. 5,76,000/- and the complainant has paid the amount of Rs. 6,00,000/- to the OP.1 for the purpose of purchasing the above said vehicle. After lapse of 7 months the engine defective has been found in the said vehicle. It clearly shows that the OPs have sold the defective vehicle to the complainant. Hence the OPs have committed defective vehicle to the complainant. Hence they have committed deficiency of service. Due to non solve the problems has found in the vehicle the complainant will be put in to great loss and mental agony. Hence point no.1 is held partly affirmative. And pass the following order.

Point No.2:- As discussed on the above point and for the reasons stated therein, we pass the following:

ORDER

 

The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed.

 

It is ordered that, the OP.2 is hereby directed to return the amount of Rs. 6,00,000/-  has been collected  from the complainant through OP.1 along with interest at the rate of  9%  p.a from the date of collecting the amount till realization.   

Further, the OP.2 is hereby ordered to pay a sum of Rs.7,05,000/- towards compensation to the complainant regarding with mental agony and loss of income arising from the vehicle.

It is further ordered that, the OP,2 are hereby directed to pay sum of Rs.5,000/- towards cost of this proceedings.

        The case against the OP.1 is hereby dismissed.  

It is further ordered that, the OP.2 is hereby directed to comply the above said order within 30 days from the date of this order.

 

(This order is made with the consent of Members after the correction of the draft on 03/08/2019 and it is pronounced in the open Court after our signatures)

 

 

 

 

 

 

 

 

MEMBER                                                        PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:-Complainant by filing affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Bellad Engineering Pvt Limited, receipt dated 09/12/2013.
02	Ex-A-2:-	Registaration certificate  copy of vehicle
03	Ex-A-3:-	Invoice of Daksheen motors dated 18/07/2014
04	Ex.A-4:-	Copy of Agreement of TATA Motors Limited dated 17/12/2013.
	EX-A-5:-	Agreement Copy of Installment payment schedule
	EX-A-6:-	Form No. 49
	Ex-A-7:-	Insurance Policy copy
	Ex-A-8:-	Job Slip dated 15/10/2014 of Durga car service pvt. Limited
	Ex-A-9:-	CC of 58559 / 2017
	Ex-A-10:-	PCR No. 57752/2017
	Ex-A-11:-	Sworn statement copy

 

Documents marked on behalf of OP No. Nil

 

 

 

        MEMBER                                                         PRESIDENT