DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 293 of 27.7.2016
Decided on: 11.8.2016
Rajinder Singh aged about 42 years, son ofSh.Krishan Chand, resident of village Majal Kalan, Post Office Panjola, Tehsil and District Patiala.
…………...Complainant
Versus
1. Dada Motors Pvt. Ltd. through its Managing Director, Savitri Complex 1, GT Road, Dhowewal Chowk, Ludhiana.
2. Madan Lal, Sales Manager, Dada Motors, Savitri Complex 1, GT Road, Dhowewal Chowk, Ludhiana.
3. Ashwani Sood, Sales man of Dada Motors, Savitri Complex 1, GT Road, Dhowewal Chowk, Ludhiana.
4. TATA Dada Motors Pvt. Ltd. through its General Manager Mehandipur, P./O. Kishan Garh, The. Khanna, District Ludhiana.
5. Happy Motor/service station, Hira Bagh, Patiala through its Manager.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
Present: Sh.Jagdish Sharma, Advocate, counsel for the
complainant.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh. Rajinderpal Singh has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) praying for the following reliefs:-
- To replace the defective vehicle with a new vehicle of same model or in alternative return the amount paid by him against the vehicle in question alongwith interest @ 18% per annum
- To pay compensation to the tune of Rs.1,00,000/-
- To pay Rs.25000/- as the costs of litigation
- To award any other relief , which the Forum may deem fit.
2. In brief, the case of the complainant is that for earning his livelihood, he purchased a TATA – 407 (school bus) bearing chassis No. GFC02632, engine No.609043 from Op no.1 for a sum of Rs.12,20,265, out of which he paid Rs.11,47,135/- through RTGC of Indus India Bank, Rs.68,265/- in cash vide receipt No.64 and Rs.5000/-at the time of booking of the vehicle in question. The original bills, papers and ownership form etc. kept by the OP, till the amount from the bank was not credited in its account and assured him that the entire original documents and bills will be handed over on the credit of the amount of Rs.11,47,135, in its account. The backside glass of the vehicle in question broken automatically without any accident. The O.P assured that it will get the outer body fixed with the sheets of TATA or Hero company, but inspite of assurance given to him , made the body of the vehicle with the inferior quality of Shalimar sheets. It is pointed out by the OP that the air window on the roof of the vehicle was also broken automatically . The floor as well as engine of the vehicle were not painted underneath. The Manager of O.P. No.1. i.e. Dada Motor admitted the manufacturing defect in the vehicle .On the assurance given by O.P. he got the back side glass fixed from the workshop at Patiala and paid Rs.5400/- from his own pocket. The Op refused to pay the said amount and to rectify the entire defects in the vehicle. He made a complaint to Op No.1 regarding the illegal acts of the Sales Manager namely Madan and Sales man namely Ashwani Sood, who assured him that the defects would be removed and suggested him to visit the its agent, Happy Motors i.e. O.P.No.5 .Accordingly he went to O.P. No.5 but it told him that there is manufacturing defect. It further told him that neither he could paint the vehicle underneath nor could change the air window nor could change the outer body. This act of O.P.No.5 amounts to deficiency in service and caused great mental harassment and agony to him. There is thus deficiency of service on the part of the O.Ps. Hence this complaint.
3. We have heard the learned counsel for the complainant and also gone through the documents filed alongwith the complaint carefully.
4. The learned counsel for the complainant submitted that complainant purchased the vehicle in question from Op No.1 i.e Dada Motors Pvt. Ltd. Situated at Ludhiana . On the advise of O.Ps. No. 1 to 4, he approached O.P. No.5 i.e. Happy Motors/Service Station situated at Patiala for the service of the said vehicle. The technician/engineer of the said O.P. after inspecting the vehicle told him that there is manufacturing defect so neither he could paint the vehicle underneath nor could change the air window nor could change the outer body. The said act of the O.P amounts to deficiency in service. He further submitted that since part of cause of action has arisen within the territory of District Forum, Patiala, therefore, complainant has rightly filed the complaint before this Forum for redressal of his grievance.
5. In the case of Ramesh Kumar Hans Vs. Goyal Eye Institute and others CC NO.135 of 2011 decided on 30.3.2012 , it was held by the Hon’ble National Commission, that District Forum, State Commission and the National Commission are required to examine the complaint to find out, whether the complainant is a consumer within the meaning of section 2(1)(d) of the Act and whether Consumer Forum has territorial and pecuniary jurisdiction to entertain the complaint ?
6. On going through the file of the complaint case, it is found that no document has been placed on record by the complainant to show as to whether the complainant had taken the vehicle to Happy Motors, situated at Patiala i.e. O.P.No.5, for service of the vehicle in question, and O.P. No.5 had committed any deficiency in service. Thus, in the absence of any documentary proof, it is not believable that complainant had taken his vehicle to O.P.No.5 and any cause of action has arisen within the territory of this Forum. Therefore, the complaint filed by the complainant is dismissed in limine for want of territorial jurisdiction. The present complaint be returned to the complainant, so that he can seek the redressal of his grievances before the appropriate Forum having territorial jurisdiction. A copy of the complaint alongwith documents be also retained by this office. The certified copy of this order be supplied to the complainant free of costs and the file be indexed and consigned to the Record Room.
Dated: 11.8.2016
(NEENA SANDHU)
PRESIDENT
(NEELAM GUPTA)
MEMBER
