Punjab

Rupnagar

CC/21/43

Gobind Transport - Complainant(s)

Versus

Globe Trucking Ludhiana - Opp.Party(s)

Sh. Vikas Kumar Verma, Adv.

22 Aug 2022

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL COMMISSION, ROPAR

                       Consumer Complaint No. : 43 of 03.06.2021

                        Date of decision                    :    22.08.2022

 

Gobind Transport C/o VPO Ghanauli, Tehsil & District Rupnagar, through its proprietor/owner Gurinder Singh son of Amarinder Singh, resident of Village Ghanauli, Tehsil & District Rupnagar  

                                                        ......Complainant

                                             Versus

1. Globe Trucking Ludhiana, C/o Village Mehandipur, Khanna, Punjab, 141401
2. Dhingra Trucking at Karnal C/o Gharaunda (part), Karnal Haryana, 132114
3. Bharati Benz Registered Office Daimler India Commercial Vehicles Private Limited., SIPCOT Inudstrial Growth Centre, Oragadam, Mathur Post, Sriperumbudur Taluk, Kancheepuram, Tamil Nadu 602105 India
4. The Oriental Insurance Company Limited, having registered office Oriental House, P.B.No.7037, A-25/27, Asaf Ali Road, New Delhi-110002  

 

   ...Opposite Parties

              Complaint under Consumer Protection Act

QUORUM

 

                        SH. RANJIT SINGH, PRESIDENT

                        SMT. RANVIR KAUR, MEMBER

 

ARGUED BY

 

Sh. Vikas Kumar Verma, Adv. for complainant

Sh. Surinder Singh, Adv. counsel for O.P No.1

OP No.2 ex-parte 

          Sh. Manish Dharmani, Adv. for OP No.3

          Sh. Rajesh Sharma, Adv. for OP No.4.

 

ORDER

SH. RANJIT SINGH, PRESIDENT

The present order of ours will dispose of the above complaint filed under Consumer Protection Act, by the complainant against the Opposite Parties on the ground that the complainant had purchased a heavy duty Truck Trailer Model 5528T, having engine No.400953D0078211, Chassi No.MEC2817CMJP0770488, on 20.09.2019 from the OP No.1. The said vehicle was insured by the Oriental Insurance Company Limited. The vehicle in question was purchased on installment and the same was financed by HDFC Bank Rupnagar and complainant continually paying its monthly installments i.e. 70,000/- per month from the date of purchase to till today. On 08.09.2020, said truck trailer was driven by well experienced driver, who has a valid driving license but unfortunately truck was met with an accident. The vehicle has handed over to OP No.2 for repair on 10.09.2020 and it was returned to complainant on 29.10.2020 but it was not properly repaired, the truck is titled/unbalanced toward the right side. Complainant has made a complaint regarding this and the truck was handed over to same dealer on 4.11.2020 but said problem was not resolved by the dealership and they asked to complainant to go to another dealership and on their asking complainant had took the vehicle to another dealership namely Globe Trucking at Ludhiana for resolving same problem in truck. The said truck remained with OP No.1 for repair from 21.11.2020 to 01.12.2020 and they again demanded a loaded trailer of another vehicle for checking which was provided by complainant on 18.12.2021 and they found that the chassis of said truck is not in level and they had got repaired the chasis and changed the suspension of truck on various dates but said problem was not resolved. Finally the official of the OP1 told him that they have to change the chassis of the truck and they made a request for that to the head office of company and when they get the approval they will change the same. The truck of the complainant is well within a warranty period. Complainant has visited so many times at different dealership but they prolong the matter on one pretext or another. Thus, alleging deficiency in service, the complainant sought the following relief against the Ops:-

1. To resolve the issue in the truck i.e. change of chassis of the truck with new one. 
2. To pay the amount of Rs.8,00,000/- as compensation for the loss of business, mental and physical harassment suffered by the complainant due to negligence/deficiency in service by the official of the OPs
3. To pay Rs.10,000/- as litigation expenses along with interest @ 12% per annum to the complainant.

2.      In reply, the OP No.1 has filed written reply taking preliminary objections; that at the very outset the OP denies all the allegations, facts and averments stated in the complaint filed by the complainant except to the extent it is expressly admitted herein; that the complainant does not disclose his grievance regarding any deficiency in service, irresponsible act or unfair trade practices on the part of the answering OP; that there is no cause of action against the answering OP to file the present complaint; that the vehicle in question has been purchased by the complainant for commercial purposes with a purpose of earning profits/additional income and not for livelihood by means of self employment; that the complainant is not a consumer; that the dealership of the OP deals in the sales and after sales service of the vehicles manufactured by Daimler India Commercial Vehicles Private Limited, who has not been arrayed as OP in the present complaint; that the complainant has failed to adduce any sort of expert evidence to prove whether the vehicle in question suffers from any sort of alleged manufacturing defect or not. On merits, it is stated that it is a matter of fact that the vehicle in question was reported to the dealership of the OP2 at Karnal for accidental repair and not at the dealership of the answering OP. Further the complainant is alleging that the truck in question was not properly repaired and the same is unbalanced towards the right side. The complainant is praying for resolving the issue and wants that the chassis of the truck be changed with new one. In this regard, it is mentioned that the accidental truck was got repaired by the complainant from OP2 at Karnal and as evidence from the service history as maintained and updated by the manufacturer company in centralized software, the OP No.2 have charged from the complainant for labour charges towards vehicle frame repair. In case the complainant has any concern or grievance against the improper repair, the same is to be attended and resolved by the OP No.2, itself. As such no cause of action has ever arisen in favour of complainant against the answering OP and the present complaint against the answering OP is liable to be dismissed.

3.      Upon notice, the OP No.2 has choosen to remain exparte vide our order dated 20.08.2021.

 4.     The learned counsel for the OP No.3 has also filed written reply stating therein that the complainant had purchased the vehicle in question for commercial purposes, which is evident from the averments in the complaint and the complainants own admission since it is a transport company running commercial business. In its written reply, the answering OP has quoted many citations of the higher authorities, vide which it is prayed that the complaint stands dismissed against the answering OP.

5.      The learned counsel for the OP No.4 has filed written reply taking preliminary objections; that the present complaint is not maintainable; that the complaint is premature complaint because the OP1 has not received any intimation or any request regarding the loss/damage of vehicle in question. On merits, it is stated that the said truck was purchased by the complainant from OP No.1. The other averments that vehicle was insured with Oriental Insurance Company is concerned i.e. wrong and denied claimant as to give the strict proof of the same. If the same is insured with the answering OP and the directions be given to the OPs No.1 & 2 to produce the original insurance policy i.e. subject to verification and confirmation. In the absence of original insurance policy, it is denied that the vehicle in question was insured with the answering OP. Lastly prayed to dismiss the complaint against the answering OP. 

3.      The learned counsel for the parties have tendered certain documents in support of their version and closed the evidence.

4.      We have heard the learned counsel for the contesting parties and have gone through the record file, carefully and minutely.

5.       It is pertinent to mention here that the complainant had purchased the truck in question from the OP No.1 but unfortunately, the truck in question met with an accident. After accident, the complainant approached the OP2 for repair the same but the OP not resolve the issue. In support of his evidence, the complainant has tendered so many documents like estimate bill, permit, national permit, RC, permit, insurance, driving license of the driver, original report by engineer, certificate of engineer and other documents. The complainant placed on record the job sheets, vide which the complainant visited many times to repair the vehicle in question. The learned counsel for the complainant has placed on record the photographs of water leveling of the vehicle in question, which clearly shows that the chassis of the truck is in bending condition. He also placed on record the detailed report of B-tech engineer, in this report, the engineer stated that  “ It was found that the chassis of the vehicle were bended towards left side clearly showing the same as consequences of accident.

8.      In view of our above discussion, we feel that the complainant is entitled to the claim as prayed for by him. The OP No.1 & 2 are directed to resolve the issue of the complainant as prayed by him. They further directed to pay Rs.2,00,000/- as loss of business along with compensation Rs.35,000/- on account of mental agony and physical harassment with Rs.15,000/- as litigation expenses. The Ops are further directed to comply with the said order within 30 days from the date of receiving of certified copy of this order. Free certified copies of this order be sent to the parties, as per rules. The files be consigned to record room.  

ANNOUNCED                                                                                       (RANJIT SINGH)

          Dated.22.08.2022                                                 PRESIDENT
 

                                                                  (RANVIR KAUR)

                                                                                      MEMBER