Punjab

Fatehgarh Sahib

RBT/CC/736/2018

Sanjeev Kumar Thakur - Complainant(s)

Versus

Globe Toyata, Globe Automobiles Pvt Ltd. - Opp.Party(s)

Rahul Bhargava

02 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                            COMMISSION

                      FATEHGARH SAHIB.

                                                             

RBT No.	:	CC/736 of 2018
Consumer  Complaint No.	:	RBT/CC/736/2018
Date of Institution	:	13/07/2018
Date of  Decision	:	02/05/2023

 

 

Sanjeev Kumar Thakur Son of Raj Bahadur Singh, resident of H. No.1199, Sector-44/B, Chandigarh.

 

                                                                                                       …………....Complainant

 

                                                Versus

 

1. Globe Toyota, Globe Automobiles Pvt. Ltd., B-51, Industrial Area, Phase-VI, Mohali-160055 through its General Manager.
2.  Amit Walia, Sales Executive, Globe Toyota, Globe Automobiles Pvt. Ltd., B-51, Industrial Area, Phase-V1, Mohali-160055.
3. Chief Executive Officer, Toyota Kirloskar India.,  F-701/702/ 7^th Floor, Lotus Corporate Park, Goregaon (East), Mumbai-400063, Office: Western Express Highway..    

 

 

..………....... Opposite Parties

 

 

 

Complaint under Section 12 of Consumer Protection Act 1986(Old)

 

Quorum

 

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

 

Present: Sh.Rahul Bhargava, counsel for complainant.

              Sh.K.S.Noorie, Counsel for OP no.1.

              Sh.K.P.Singh, counsel for OP no.3

              Complaint not admitted against OP no.2 vide order dated

               3.8.2018.

 

 

   

The  complaint has been filed against the OPs (opposite parties)  under Section 12 of Consumer Protection Act-1986 (Old) alleging deficiency in service with the prayer for giving direction to the OPs to replace tyres and alloys of 16 inches with the tyres and alloys of 17 inches with  immediate effect , to pay Rs.1,00,000/-  as compensation on account of mental agony and Rs.30,000/- as litigation expenses.

1. The complainant was interested in buying a car for personal use whereby  he had seen the advertisement of OPs with regard to their newly launched  Innova Crysta Car and he came to know that there was a variant of automatic transmission and the OP no.1 assured the complainant about the specifications of the car as mentioned in advertisement/ Brochure .  On assurance of OP no.1 regarding specifications of car as mentioned in the Brochure, the complainant gave booking amount of  Rs.1,01,000/-.  The tyre size was  mentioned  as 215/55 R 17 in the Brochure .   After completion of waiting period of 4 weeks , the complainant paid total car price of Rs.21,38,753/-  against which a sale certificate was issued to the complainant. On the sale certificate issued by OP no.1 the tyre size of vehicle is mentioned as 215/55 R17 and the complainant raised an objection that the tyre  size of vehicle was not same as mentioned in the specification column of the  Brochure. The Ops told the complainant that due to shortage of 17”  tyres , at present 16”  tyres were being supplied and that the same will be replaced after  a short period of time. The complainant made repeated request to OPs to replace the 16” tyres with 17”  tyres but the request was not considered. The complainant came to know in the month of  October , January  2018 that the said variant of the car with 17” was supplied to customers as per Brochure shown to him by OPs.  Thus the complainant felt cheated and sent a detailed E-mail in this regard to OP.  But his grievance remained unaddressed.   Hence this complaint.
2. Notice of the complaint was given to the OPs no.1 and 3 through registered Post OPs no.1 and 3 appeared through their Counsel  and filed  written version. Complaint was not admitted against OP no.2 vide order dated 03.08.2018.
3.      The complaint has been contested by the OPs  no.1, filed written version  and raised preliminary objections . The complainant booked the vehicle with dealership of OP no.1 on 12.1.2017. At the time of booking of vehicle the complainant was informed that the vehicle specification and price shall be as applicable as on the date of delivery and the same was signed by the complainant.  On 25.1.2017 sale advisor of OP no.1 informed the complainant that the tyre size has been changed from 17” to 16”  by the manufacturer company .  The complainant agreed to purchase the vehicle in question with 16” tyres and on  12.2.2017 the complainant purchased the said vehicle . The OPs prayer for dismissal of complaint with cost has been made.
4. The complaint has been contested by the OPs  no.3, filed written version  and raised preliminary objections .  The complainant has not made any complaint to OP no.3. However as per record of dealership concerned i.e OP no.1 and 2 the complainant was told about every specification of the vehicle and the complainant himself agreed to take delivery of vehicle of 16” tyres and was satisfied with the specification of vehicle .  The complainant   had agreed to purchase the vehicle with 16” tyres and as such , he can not raise any hue and  cry. OP no.3 is not liable for any damages or  compensation to be paid to the complainant.
5. The complainant in support of his complaint placed on record his  affidavit,  and  Photo copies of documents i.e ExC1 brochure ,  Ex.C2  booking receipt dated 12.1.2017,  Ex.C3 sale certificate , Ex.C4  tax invoice of Rs. 21,38,753/-, Ex.C 5  Insurance , Ex.C6 Delivery note ,  Ex.C7  from of  I.C.M,  Ex.C8 mail dated 16.3 2018 from complainant to OPs. In rebuttal the OPs no.1 placed on record  documents along with version  i.e  Ex.OP1/1 undertaking cum Order Booking form,  Ex.OP1/2 Delivery note ,   Ex.OP1/3 brochure  , Ex.OP1/4 service history of the vehicle . OP no.3 placed on record affidavit  along with version of S. Rengarajan ,  Company Secretary of OP no.3  along with documents i. e  Ex.OP3/1 resolution ,   Ex.OP3/2 invoice.
6.   Heard. Entire record has been  perused.
7.  Admittedly, the complainant proved  technical  Brochure of the vehicle vide Ex.C1 where the size of the car tyres is indicated as 215/55 R17 and in the key features of the vehicle 17’ Alloy wheels have also been proved . The complainant has proved sale certificate of vehicle dated 10.2.2017 vide Ex.C3 wherein the  description of tyre is again mentioned as 215/55 R 17.  The complainant has also proved his E-mail dated 16.3.2018 (  vide Ex.C8 ) to the Ops brining  about the difference in s size of tyres as shown in Brochure and sale certificate ( 17” ) and actual size of the tyres which is 16” .   OP no.1  has proved specifications of the vehicle vide Ex.OP1/3 where size of tyre is mentioned as 16” as well as 17”. This goes on to prove that the OPs were having  and offering  17” tyres also.  But in the technical Brochure proved by the complainant vide Ex.C1 the size of tyres is clearly shown as 17” and again proved vide  Ex.C3 the size of tyres is shown as 17”. But the complainant was supplied  vehicle with 16” Tyres .
8. As  a corollary of our above discussion, the present complaint is partly allowed.  OPs no.1 and 3 are held  jointly & severally liable for deficiency in service. The OPs no.1 and 3 are directed as under:-

[a] Topay the difference in price between 17” and16 “ tyres with alloywheels (for five number tyres and alloys ), as per listed price of the tyres and alloys wheels along with interest@ 6% P.A from the date of filing of complaint within 30 days, failing which interest @ 9% P.A. shall be payable.

         [b]  To Pay Rs.10,000/- compensation for harassment and litigation expenses.  

    Compliance of the order be made by the OPs no.1 and 3 within30 days from the date of receipt of certified copy of this order. Failing which the complainant shall be entitled to recover the above said amount through legal process. The complaint could not be decided within the statutory period due to pandemic of Covid-19 and paucity of staff. Copy of this order be sent to the complainant and the OPs as per rules. File be returned back District Consumer Commission, Mohali for consignment .   

Pronounced 2 May 2023.

                                                           

                                                                      (S.K. Aggarwal)

                                                                      President

                                                                     

    

                                                                             (Shivani Bhargava)

                                                                              Member

 

                                                                             ( Manjit Singh Bhinder )

                                                                                           Member