Delhi

East Delhi

CC/945/2013

RAJESH DERBARI - Complainant(s)

Versus

FRONTIER AUTO - Opp.Party(s)

23 May 2017

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.  945/13

 

Shri Rajesh Darbari

S/o Late Shri R.S. Darbari

R/o D-14, Ashoka Niketan

Delhi – 110 092                                                           …….Complainant

 

Vs.

 

1. M/s. Frontier Autoworld

A-2/8, Safdarjung Enclave

Opp. Bhikaji Cama Place

New Delhi – 110 029

 

2. M/s. Volkswagen Group Sales India Pvt. Ltd.

4^th Floor, B-Wing, Silver Utopia

Cardinar Gracious Road, Chakala

Andheria East, Mumbai – 400 099                                    ….Opponents

 

Date of Institution: 08.11.2013

Judgment Reserved on: 23.05.2017

Judgment Passed on: 24.05.2017

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 Rajesh Darbari against     M/s. Frontier Autoworld (OP-1) and M/s. Volkswagen Group Sales India Pvt. Ltd. (OP-2) under Section 12 of the Consumer Protection Act, 1986.  2.  The facts in brief are that the complainant booked a Jetta Trendline car by handing over a sum of   Rs. 1,00,000/-, vide cheque no. 301217 dated 31.01.2013, against total on road price about          Rs. 14,18,000/-.  Delivery of the car was given around mid February 2013.  From July, 2013, the car cover started tearing up from the folds of the cover.  The complainant informed the same to respondent no. 1 and 2 with pictures.  In response dated 21.08.2013, the respondent stated that:

“(a) that the cover has not given way, but has been cut.  Hence this cannot be relative to the quality of the product.

(b) to the wear and tear and usage of the same by the customer.”      

          It has further been stated that the complainant sent email to both the respondents on 21.08.2013 and also sent an email dated 23.08.2013 to respondent’s corporate office in Germany.  Respondent’s corporate office replied on 28.08.2013 that they had forwarded the complaint to their India Office and also talked of “asking them to attend to your concern as soon as possible”.  Please expect further communication from our representatives in India directly”.  The complainant sent a final notice on 09.09.2013, but none responded.   Thus, the complainant prayed for direction to respondent to replace the car cover with genuine one, Rs. 20,000/- compensation on account of harassment and mental agony and Rs. 10,000/- towards cost of litigation.

3.       WS was filed on behalf of OP-1 in which they have taken various pleas such as there was no manufacturing defect and the warranty against the manufacturing defect was only of OP-2; emails were only addressed to OP-2 and were also replied by OP-2.  It was also stated that the defects, stated by the complainant, were due to the normal wear and tear.  Service of legal notice was denied. Other facts have also been denied.

          In reply of OP-2, they have stated that the role of OP-2 was restricted to provide warranty on the terms and conditions mentioned in the warranty booklet.  The alleged defects were neither related to the performance of the said vehicle nor the inherent defects.  Other facts have also been denied.   

4.       The complainant has filed rejoinder to the WS of OP-2, wherein he has controverted the pleas taken in the WS and reasserted his pleas.

5.       In support of its case, the complainant has examined himself on affidavit.  He has placed on record Sales Contract Form (Annex.-1) and various emails (Annex. 2).  

          In defence, M/s. Volkswagen Group Sales India Pvt. Ltd. (OP-2) has examined Shri Harshavardhan Jogdand, who has deposed on affidavit.  He has narrated the facts, which have been stated in the WS. 

6.         We have heard the complainant and Ld. Counsel for OP-2 and have perused the material placed on record.  The complainant has placed on record the Sales Contract Form dated 31.01.2013, which bears mats and body cover under the head Accessories which makes it clear that the said body cover was purchased from OP-1 and reading   of the reply filed by OP-1 makes it clear that they have taken frivolous pleas to absolve themselves from their liability.  As the said body cover was purchased from OP-1 which started to tear of within few months of purchase amounts to selling defective product to the complainant.  Hence, we allow the present complaint and direct OP-1 to deliver the genuine body cover alongwith Rs. 5,000/- as compensation for mental harassment and agony including cost of litigation. This order be complied within a period of 30 days.

          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