DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.241/2013
Sh. Uttam Kumar Sharma
139-D, Savitri Nagar
New Delhi-110017 ….Complainant
Versus
Competent Automobiles Co. Ltd. (workshop)
895/C-8, Near Jain Mandir,
Dada Bari, Mehrauli,
New Delhi-110030 ….Opposite Party
Date of Institution : 25.04.2013 Date of Order : 01.12.2017
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
ORDER
Briefly stated the facts of the case are that the complainant had given his car No. DL3CR-1186 (Esteem) to the OP for repairing on 15.10.2012 vide job card No.JC12014291 for replacement of bonnet, replacement of front bumber, replacement of headlight front, front glass, tail light right side. As per the job card of the OP it was mentioned that the car will be delivered on 28.10.2012 but the same was delivered to him on 05.11.12 after making several calls. It is submitted that at the time of delivery of his car some deficiencies were noticed i.e. A.C. was not functioning, the gas of the A.C. had leaked at the time of service/repairing of the car. The executive of the OP told him that the gas of A.C. is not available in the workshop and so he may get the same filled from outside. It is submitted that the OP delivered the car on 05.11.12 and had the car been delivered to him on 28.10.12 the complainant would have not paid Rs.4370/- for hiring a taxi to attend a funeral ceremony of his near relative at Ambala Cantt. He had to get filled A.C. gas of Rs.1400/- from Maruti Authorized Service centre M/s Qutab Service Station. Hence, this complaint for issuing direction to the OP to give Rs.25,000/- as compensation for causing harassment, to pay litigation charges of Rs.25,000/- and to refund car A.C filling charges of Rs.1400/- and taxi fare of Rs.4370/- to the complainant.
OP in the written statement has inter-alia stated that the complainant brought his vehicle at Mehrauli workshop on 15.10.12 for body repair at the mileage of 89,968 kms. The vehicle was ready after repair on 31.10.12. There is an endorsement to this effect in invoice No. BR120013914 dated 31.10.12 which was prepared on 31.10.12. The OP made various calls to the complainant to collect his vehicle but the complainant did not collect the same for five days for the reasons best known to him and as such there was no delay on the part of OP; that the date i.e. 28.11.2012 (sic) given for repair of his vehicle was a tentative date which can vary here and there due to many factors like availability of material, manpower, electricity, work load etc. It was not like the “lakshman rekha or deadline” which cannot be cross or changed. It is submitted that no guarantee was given by the OP that the vehicle would be ready by 28.11.2012 (sic). It is stated that the complainant took the delivery of the vehicle on 05.11.12 after full satisfaction with no complaint. It is submitted that the complainant was clearly explained by the executive of OP that R 12 AC gas which used to be earlier filled in the old model of the vehicle had been banned by the Government on account of its being hazardous and harmful. R13 Gas which is now filled in the present vehicle is not compatible with the 2000 model esteem car of the complainant and he had to take the conversion kit amounting to Rs.5000-Rs.7000/- to make his AC compatible with R13 Gas. It is submitted that “if Qutub Service Station had filled the gas, as first thing it is known what gas they filled in the vehicle of the complainant and if they filled R12 the same is illegal and if it was R13 and without the conversion kit then the same could again be dangerous to the vehicle of the complainant and they had done the same at their risk and responsibility”. OP has prayed for dismissal of the complaint.
Complainant has filed a rejoinder retreating the averments made in the complaint.
Thereafter, OP has been proceeded exparte vide order dated 28.02.14 passed by our predecessors.
Complainant has filed his own affidavit in evidence and also written arguments.
The complainant has filed the copy of job card as Ex. CW-1/1 in which the date/ time of delivery is written as “28/10/2012 18.00”. Thus, it was not a tentative date. The car had to be delivered back to the complainant on 28.10.2012 till 06.00 PM.
The complainant has filed the copy of Pradeep Tours and Travel’s bill for an amount of Rs.4370/- Ex. CW-1/2 which shows that the complainant had gone to Ambala and come back to Delhi on 02.11.2012 and incurred Rs. 4370/- as travelling expenses. The complainant has filed the copy of cash memo dated 07.11.12 issued by Qutub Service Station regarding A.C. gas as Ex. CW-1/3 which is for an amount of Rs. 1400/- for AC gas and Rs. 400/- for coolant service.
Onus to prove the facts pleaded in the written statement was on the OP. However as stated hereinabove OP has been proceeded exparte.
Thus, the OP has failed to produce any evidence. There is no evidence whatsoever on the record to show that the date of delivery of the car was tentative date or that the car was ready for delivery on 31.10.2012 but the complainant had not collected the same before 05.11.2012 or that the gas to be filled in the AC of the car was not available on 05.11.2012 but the same was not compatible with R13 Gas.
Therefore, we hold that the OP committed deficiency in service and is guilty of deficiency in service.
In view of the above discussion, we allow the complaint and direct the OP to pay Rs. 25,000/- in lumpsum to the complainant.
The order shall be complied within 30 days of receipt of copy of this order failing which the OP shall become liable to pay interest @ 6% p.a. from the date of filing of complaint till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 01.12.2017.
