Haryana

Kurukshetra

CC/26/2019

Jogdhyan Kaushik - Complainant(s)

Versus

Elegant Honda - Opp.Party(s)

Kanwar Ji Sharma

08 Jan 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.

 

                                        Consumer Complaint No.26 of 2019.

                                        Date of instt.:23.1.2019. 

                                        Date of Decision:08.1.2020.

 

Jogdhyan Kaushik s/o Shri Som Parkash, r/o H.No.2126/7, Urban Estate, Kurukshetra.

                                                                …….Complainant.                                            Versus

 

Elegant Honda, Kishiv Motors Pvt. Ltd., near Umri Chowk, NH-1, G.T. Road, Kurukshetra through its Proprietor.

        ….…Opposite party.

 

Complaint under Section 12 of Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Issam Singh Sagwal, Member.                                                   

 

Present:     Shri Kanwar Ji Sharma, Advocate for the complainant.     

Shri Mohit Tayal, Advocate for the opposite party.

 

           

ORDER

                                                                         

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Jogdhyan Kaushik against Elegant Honda, the opposite party.

2.             The brief facts of the complaint are that the complainant is registered owner of Honda City car bearing Registration No.HR-07Y-8452 which was purchased on 07.9.2017 from the OP and the same is still under five warranty. That he is having regular services from the OP and on 4^th services, which was got done on 04.10.2018 and when he received back his car, he found scratches on all the alloy/wheel Disk AL. He requested the OP many times to replace the alloy or pay the costs of the same, but all in vain. That he also sent an email dated 20.10.2018 on the email address of OP i.e. customer_relations@hondacarindia.com but all in vain. The cost of the wheel disk AL i.e. Alloy is Rs.6778/-, hence he is entitled Rs.6778/- x 4 = 27112. He also sent a legal notice dated 07.12.2018 through registered posts to the OP, but he denied the scratches over the alloy of the car in its reply. By not paying the above-said amount to the complainant, the OP is deficient in providing the services. Hence, this complaint.

3.             Upon notice, the opposite party appeared and filed written statement raising stating therein that the present complaint is not maintainable, because the vehicle was properly attended and job was got done to the entire satisfaction of the complainant without any scratches, as alleged by him. That it may be happened even prior to the service due to normal wear and tear and usage by passage of time. The OP had served a reply dated 07.1.2019 to the legal notice served by Mr. Anurag Sharma, Advocate and the same may kindly be read as part of this reply vide which the complainant was asked to visit in the workshop of the OP and to meet Mr. Sanjeev Aggarwal and accordingly, he had visited and everything was made clear to him, hence, no further indulgence is required, since it was set right by rubbing the wheel rims etc. The present is not maintainable for want of impleading the manufacturers as proper and necessary party, because the complainant is alleging the question of warranty which was given by the manufacturer, hence, the OP being a service provider only cannot be held liable in any manner for the consequences arising out there from. On merits, the rest of the contents of the complaint are denied and prayed for dismissal the same with heavy costs u/s 26 of the CP Act.

4.             The complainant tendered affidavit Ex.CW1/A alongwith documents Ex.C-1 to Ex.C-13. On the other hand, learned counsel for OP did not tender any evidence.

5.             We have heard the learned counsel of the parties and carefully gone through the case file.

6.             The learned counsel for the complainant reiterated all the averments mentioned in the complaint. He argued that the complainant is registered owner of Honda City car bearing Registration No.HR-07Y-8452 which was purchased on 07.9.2017 from the. He further argued that after 4^th services got done on 04.10.2018, when he received back the car, he found scratches on all the alloy/wheel Disk AL. He requested the OP many times as well as through email dated 20.10.2018 to replace the alloy or pay the cost of the wheel disk AL i.e. Alloy is Rs.6778/-, hence he is entitled Rs.6778/- x 4 = 27112, but all in vain.

7.             Contrary to it, the learned counsel for the OP has also reiterated all the contents mentioned in the reply. He argued that the vehicle was properly attended and job was got done to the entire satisfaction of the complainant without any scratches. It may be happened even prior to the service due to normal wear and tear and usage by passage of time. In the reply to the legal notice of the complainant, the complainant was asked to visit in the workshop of the OP and to meet Mr. Sanjeev Aggarwal and accordingly, he had visited and everything was made clear to him and it was set right by rubbing the wheel rims etc. He further argued that the present is not maintainable for want of impleading the manufacturers as proper and necessary party, because the complainant is alleging the question of warranty which was given by the manufacturer, hence, the OP being a service provider only cannot be held liable in any manner for the consequences arising out there from and prayed for dismissal the present complaint with heavy costs.

8.             There is no dispute that the complainant purchased a new car from the OP. There is also no dispute that the complainant got serviced his car from the OP on 04.10.2018 and received back the same to its entire satisfaction as is evident from Ex.C2 (Annexure B & Annexure B/1). The dispute between the parties as per the complainant is that when he received back his car, he found scratches on all the alloy/wheel Disk AL. In this regard, the complainant made his complaint to the OP department through email dated 18.10.2018 and in response to that, one Sanjeev Aggarwal, employee of Elegant Honda i.e. OP has mentioned that the alloys of car got scratches at the time of Wheel Balancing and also apologized from the complainant for his bad experience with their washing associate. The said Sanjeev Aggarwal again written email on 13.11.2018 Ex.C-6 to the complainant vide which he mentioned that there is no scratches on Alloys, it is only the impression of wheel lock but which is natural phenomenon that formation of such impression can occur on surface while the wheel balancing is being done due to wheel lock nut, and the same are removed from alloys by rubbing and polishing in front of you as per your satisfaction. However, the OP tried to remove the said scratches, but they could not satisfy the complainant. To support his contention, the complainant produced documents Ex.C-1 to Ex.C-13, whereas, on the other hand, the OP failed to produce any documentary evidence to support its contention. So, the evidence adduced by the complainant goes unrebutted and unchallenged against the OP. In the facts and circumstances of the case, we are of the considered view that the OP is deficient while rendering services to the complainant.

9.             In view of the aforesaid discussion, we hereby partly allow the present complaint and direct the OP to pay Rs.10,000/- for the scratches on Alloys of the car. The OP is further directed to pay Rs.5,000/- as compensation on account of mental agony and physical harassment suffered by the complainant alongwith litigation expenses. The OP is further directed to comply with the aforesaid directions within the period of 15 days from the date of preparation of certified copy of this order, failing which, the awarded amount shall carry interest @ 9% per annum from the date of order till actual payment and the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the OP. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

Announced in open Forum:

Dt.:08.1.2020.                                                    (Neelam Kashyap)

                                                                President.

 

 

(Issam Singh Sagwal),         (Neelam)       

Member                             Member.