Delhi

North East

CC/140/2021

WASHID ALI - Complainant(s)

Versus

HIMGIRI AUTO INDIA PRIVATE LIMITED - Opp.Party(s)

10 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.140/21

 

 

In the matter of:

 

	Lieutenant Commander Washid Ali, House No. 274, Street No. 4 Moonga Nagar, North East Delhi 110094	Complainant
	Versus
1.       2.	Himgiri Auto India Pvt. Ltd., A-9/1, Jhilmil Industrial Area District East, Delhi 110095   Hyundai Motor India Ltd., Plot C 11, City Center Sector 29 Dist- Gurugram Haryana 122001	Opposite Parties

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                         DATE OF ORDER  :

04.10.2021 25.01.2023 10.08.2023

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

ORDER

 

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

 

Case of the Complainant

1. The case of the Complainant as revealed from the record is that on 20.09.2020 the Complainant had purchased a Hyundai Venue car SX Plus turbo DCT model from the Opposite Party No. 1 which was manufactured by Opposite Party    No. 2. Complainant stated that in Hyundai Venue Brochure there are some key features like Paddle Shifters, Tyre Pressure Monitoring System and D-cut Steering Wheel.  On 23.09.2020, the Complainant noted that the said features were not there in the car which he had purchased.  Complainant had made many representations to Opposite Party but Opposite Party did not give any reply.  Complainant also sent many e-mails to the Opposite Party but Opposite Party did not give any reply. Hence, there is a deficiency of service on the part of Opposite Parties. Complainant has prayed to direct the Opposite Parties to replace the car with Hyundai Venue car SX Plus Turbo DCT model having the key features or direct the Opposite Parties to pay the on-road price of the said car and Rs. 2,00,000/- on account of mental harassment and litigation expenses.

Case of the Opposite Party No. 1

2. Opposite Party No. 1 contested the case and filed its written statement. It is stated that the complaint is without any merit as there is no deficiency of service on its part. It is stated that the Opposite Party No. 1 never made any representation to the Complainant regarding the alleged features of the car which are allegedly not there in his car. It is stated that before taking the delivery of the car the Complainant has duly checked all the features of the car and only after his full satisfaction he had taken the delivery of the car. The Opposite Party No. 1 has denied the allegations of the Complainant and has prayed for the dismissal of the complaint.

Case of the Opposite Party No. 2

3. Opposite Party No. 2 contested the case and filed its written statement. It is stated that the car was sold to the Complainant by the Opposite Party No. 1 and therefore the Opposite Party No. 2 is not liable for any misrepresentation, if any, made to the Complainant by Opposite Party No. 1. It is stated that the relationship between Opposite Party No. 1 and Opposite Party No. 2 is one of the principle to principle and not as a principle to agent and hence Opposite Party No. 2 is not liable. The Opposite Party No. 2 has prayed for the dismissal of the complaint.

Rejoinder to the written statement of Opposite Parties

4. The Complainant filed common rejoinder to the written statement of Opposite Parties wherein the Complainant has denied the pleas raised by the Opposite Parties and has reiterated the assertions made in the complaint.

Evidence of the Complainant

5. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint.

Evidence of the Opposite Party No. 1

6. To support its case Opposite Party No. 1 has filed affidavit of Shri Anil Kushwaha, representative of Opposite Party No. 1, wherein, he has supported the case of the Opposite Party No. 1 as mentioned in the written statement.

Evidence of the Opposite Party No. 2

7. To support its case Opposite Party No. 2 has filed affidavit of Shri Varun Panta, Manager of Opposite Party No. 2, wherein, he has supported the case of the Opposite Party No. 2 as mentioned in the written statement.

Arguments & Conclusion

8. We have heard the AR of the Complainant and Ld. Counsels for the Opposite Parties.  We have also perused the file and written arguments filed by the Opposite Party No. 1. The case of the Complainant is that he has purchased Hyundai Venue car from Opposite Party No. 1 which was manufactured by Opposite Party No. 2. The case of the Complainant is that in the brochure of the said car there were certain features which were missing in his car. The said features which were missing are Paddle Shifters, Tyre Pressure Monitoring System and D-cut Steering Wheel. The case of Opposite Party No. 1 is that it has never misrepresented the Complainant regarding the features of the car. It is the case of the Opposite Party No. 1 that before taking the delivery the Complainant has checked the features of the car and after his satisfaction he has taken the delivery of the car in question. The Complainant has taken the delivery of the car on 20.09.2020 from Opposite Party No. 1. The Opposite Party No. 1 has relied upon the copy of the PDI and delivery check list dated 20.09.2020 regarding the said car. The perusal of the said delivery checklist shows that it has been signed by the Complainant underneath the certificate which is reproduced as under:-

“I have taken delivery of the above mentioned vehicle as per my satisfaction.”

“(Signature of the Complainant)”

9.  The Complainant has not challenged the authenticity of this document. Therefore, it is prove that the Complainant has taken the delivery of the car after his full satisfaction.
10. In view of the above discussion, we do not see any merit in the complaint and the same is dismissed.
11. Order announced on 10.08.2023.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)		(Surinder Kumar Sharma)
(Member)		(President)