Delhi

East Delhi

CC/360/2017

KHEM CHAND SHARMA - Complainant(s)

Versus

CONCORDE MOTORS - Opp.Party(s)

13 Feb 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 360/17

 

Shri Khem Chand Sharma

S/o Shri Hari Chand Sharma

R/o House No. 1058, Sector-9

HIG Duplex, Vasundhara

Ghaziabad, UP                                                           ….Complainant

Vs.    

 

1. M/s. Concorde Motors India Limited.

Through its Director/AR

Off.: Plot No. 338, FIE

Patparganj Industrial Area

Delhi – 110 092    

 

2. TATA Autocomp Batteries Ltd.

Through its Director/AR

Off.: TACO House, Damie Path

Off Law College Road

Pune – 411 004                                                               …Opponents

 

Date of Institution: 30.08.2017

Judgement Reserved on: 13.02.2020

Judgement Passed on: 17.02.2020

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

          This complaint has been filed by Shri Khem Chand Sharma against M/s. Concorde Motors India Limited (OP-1) and TATA Autocomp Batteries Limited (OP-2) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.       The facts in brief are that the complainant Shri Khem Chand Sharma purchased a new car bearing no. UP-14CW-0033 make TATA Bolt XTon 25.03.2016 from M/s. Concorde Motors India Limited (OP-1).  

It has been stated that the battery of the car which was manufactured by TATA Autocomp Batteries Limited (OP-2) was having a warranty of 18/20 months.  In the month of March, 2017, the said battery started trouble.  Complainant went to TATA service centre and apprised them of the said problem.  Their representative told the complainant that the warranty of the battery had expired.  The OPs being the service provider,  have to provide the appropriate service which they failed to do so. 

The complainant have stated that behavior of the OPs was non-professional.  Thus, he has prayed for directions to OPs to refund the amount of the battery; compensation of Rs. 1,00,000/- on account of mental and physical agony; Rs. 10,000/- towards the expenses incurred due to the deficiency in service and Rs. 20,000/- towards litigations expenses.     

3.       In the reply filed on behalf of M/s. Concorde Motors India Limited (OP-1), they have taken various pleas.  They have stated that there was no deficiency in service.  There was no privity of contract between               M/s. Concorde Motors India Limited (OP-1) and battery manufacture     (OP-2).  They have denied other facts also.

          None have appeared on behalf of TATA Autocomp Batteries Limited (OP-2) despite service, hence they were proceeded ex-parte.  However, they put the appearance and settled the matter with the complainant.  They paid an amount of Rs. 6,467/- to the complainant by way of cheque.  Though, the complainant settled the matter with TATA Autocomp Batteries Limited (OP-2), he pressed his complaint against OP-1.     

4.       Complainant have filed rejoinder to the WS of M/s. Concorde Motors India Limited (OP-1), wherein he has controverted the pleas taken in the WS and reasserted his pleas.

5.       In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been  stated in the complaint.  He has also got exhibited copy of registration certificate (Ex.CW-1/1), copy of warranty card (Ex.CW-1/2) and copy of legal notice alongwith postal receipts (Ex.CW-1/3 to 1/5).

          In defence, M/s. Concorde Motors India Limited (OP-1) have examined Shri Arvind Negi, Assistant Manager Administration of OP, who have also deposed on affidavit.   He has also narrated the facts which have been stated in the WS. 

6.       We have heard Ld. Counsel for the complainant, Ld. Counsel for M/s. Concorde Motors India Limited (OP-1) and have perused the material placed on record. The counsel for complainant have stated that though the complainant have settled the matter with TATA Autocomp Batteries Limited (OP-2), but he will press his complaint against M/s. Concorde Motors India Limited (OP-1) for compensation.  The only issue has been in respect of compensation from M/s. Concorde Motors India Limited (OP-1).

          It has been argued on behalf of complainant that the complainant have made various complaints to M/s. Concorde Motors India Limited   (OP-1), but they did not rectify the problem of battery.

          On the other hand, Ld. Counsel for M/s. Concorde Motors India Limited (OP-1) have stated that the battery was provided by TATA Autocomp Batteries Limited (OP-2) who are the manufacturers.  Their relation with TATA Autocomp Batteries Limited (OP-2) were on principle to principle basis.  She has also argued that there was no privity of contract between the complainant and M/s. Concorde Motors India Limited (OP-1). 

          Admittedly, the battery has been supplied by TATA Autocomp Batteries Limited (OP-2) who are the manufacturer of the battery.           M/s. Concorde Motors India Limited (OP-1) have sold the vehicle to the complainant with fitted battery which was of TATA Autocomp Batteries Limited (OP-2).  The warranty was given by TATA Autocomp Batteries Limited (OP-2).  They have settled the matter with the complainant.  The relationship of OP-2 and of M/s. Concorde Motors India Limited (OP-1)  have been on principle to principle basis.  That being so, no case of any deficiency has been made out against M/s. Concorde Motors India Limited (OP-1).  When there is no deficiency on the part of M/s. Concorde Motors India Limited (OP-1), the question of any compensation does not arise.  That being so, the complaint deserves its dismissal and the same is dismissed.  There is no order as to cost.     

Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

 

(DR. P.N. TIWARI)                                               (HARPREET KAUR CHARYA)

       Member                                                                             Member 

 

(SUKHDEV SINGH)

President