Karnataka

Bangalore 4th Additional

CC/1251/2018

Sri S.D.Mahesh, - Complainant(s)

Versus

HP Autocare Center, Hindustan Petroleum Corporation Ltd., - Opp.Party(s)

06 Sep 2019

ORDER

Complaint Filed on:26.07.2018

Disposed On:06.09.2019

                                                                              

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

 

 

   06^th DAY OF SEPTEMBER 2019

 

PRESENT

SMT.PRATHIBHA. R.K., BAL, LLM - PRESIDENT

SMT.N.R.ROOPA, B.A., LLB, MEMBER

                          

                      

Complaint  No.1251/2018

 

 

 

COMPLAINANT	Sri.S.D Mahesh, Aged about 29 years, S/o Doddegowda Marigowda, Residing at No.137, 1st Cross, 1st Main, Veerappa Reddy Layout, Marathahalli, Bengaluru.   Advocate – Sri.G.S Ravishankar         V/s
OPPOSITE PARTies	1) HP Autocare Center, Hindustan Petroleum Corporation Ltd., (A Govt. of India Enterprises) Bengaluru Retail Regional Office, HAL Murugesh Palya, Bengaluru.   Rep. by its Sr.Sales Officer Retail, Mr.S.Sujan Kumar.   2) HP Autocare Center, HAL Road, Murugeshpalya, Opp ISRO (Old), Airport Road, Bengaluru – 560 017.   Rep by its Comco Officer, K.V Usha Devi.   Advocate – Sri.Jidesh Kumar M.D

                                       

 

O R D E R

 

SMT.PRATHIBHA. R.K., PRESIDENT

 

This complaint is filed by the complainant against the Opposite Parties (herein after called as OPs) under section 12 of the Consumer Protection Act, 1986.  The Complainant prays to direct the OP to reimburse sum of Rs.1,13,707/- towards the car repair expenses along with interest @ 18% p.a, to pay damages to the tune of Rs.1,00,000/- towards mental agony caused to the complainant, to pay cost of the proceedings and grant such other reliefs.

 

2.      The brief facts of complaint is as under:

 

The complainant is an RC owner of the Ford Figo Car bearing Registration No.KA-53-Z-1645.  Complainant submitted that on 19.05.2018 at about 3.19 PM, he visited the petrol bunk of OP to fill diesel to his above said car and directed the executive of the petrol bunk to fill the diesel for a sum of Rs.1,010/-.  The complainant paid the amount by swiping his ICICI Bank credit card.  Thereafter the complainant drove the Car back to his house and parked the same in his house.  On 26.05.2018 complainant wanted to go somewhere and he tried to switch on the Car but unfortunately the car did not start.  Hence the complainant got his Car towed to service station through the company person.  The mechanics who inspected the Car informed the complainant that, the engine of the Car has been seized due to the fact of mixing of petrol with diesel.  The complainant further submitted that the OP petrol bunk had filled petrol instead of diesel to his Car on 19.05.2018.  Hence the vehicle has seized.  The complainant questioned the above said fact to the OP-2.  OP-2 replied evasively.  Hence complainant lodged the complaint to Jeevan Bhima Nagar Police Station on 30.05.2018 and the police have issued NCR No.292/2018.

 

The complainant further submitted that, to repair the above the Car engine he has spent Rs.1,13,707/-.  The said fact was brought to the knowledge of OP-2 and demanded to pay a sum of Rs.1,13,707/- but the OP has not cared to respond.  Hence complainant issued legal notice on 13.06.2018 calling upon the OPs to reimburse the amount of Rs.1,13,707-04 along with 18% interest within 7 days from the date of receipt of legal notice.  The said legal notice duly served on the OP.  Inspite of receipt of legal notice, OPs have not come forward to settle the claim of the complainant.  Hence the complainant is constrained to file the present complaint.  

 

3.      After service of the notice from the office, the OPs appeared before this Forum and filed objections.  The OPs submitted that, the complainant filed the complaint with a malafide intention and to avail undue advantage from this Forum.  The complainant has approached this Forum by suppressing material facts.  The complaint is not maintainable in law nor facts and same is liable to be dismissed.  OPs further submitted that, the complaint lacks a cause of action.  OPs.1 & 2 are the supplier of fuel to the petrol filling stations all over India.  At the time of loading and unloading of the fuel container, OPs.1 & 2 perform certain tests to check the quality of fuel before loading the containers which are sealed and attached with a security number.

 

OPs further submitted that, at the time of dispatching the tank lorry performs quality and quantity tests.  When quality of canned fuel passes the test then only the tank lorry is dispatched from the premises of Hindustan Petroleum which also owns the retail outlet from which the fueling of the vehicle of the complainant was done.  OPs further submitted that when the fuel lorry reaches the fuel station then before decanting the fuel in the tanks even the buyer of the fuel performs certain checks to know the quality of the fuel being provided to them.  That the fuel dispensing units of the Corporation are calibrated and sealed by the Weights and Measures department for correctness of quantity and quality.

 

OPs further submitted that, the complainant has never approached the OPs.1 & 2 to register a formal complaint.  The OPs further submitted that the complainant visited the OPs petrol bunk on 19.05.2018 to fill the fuel and filled the fuel for Rs.1,010/-.  As per the instructions given by the complainant FSM had delivered petrol and the complainant had acknowledged the transaction, bill was issued at the same time and the complainant made a payment through his credit card.  The complainant did not raise any issue at the Retail outlet.  The complainant was aware that the complainant had sought refill for petrol and petrol was filled in vehicle and related invoice for petrol issued.  Having received invoice for petrol the complainant did not raise any concern as the petrol refuel was requested by complainant himself.  The complainant has not produced any document which evidences that upon knowing that petrol refuel has been done any alarm/complaint was raised by him at Retail Outlet.  Further the complainant has also not produced any evidence that the complainant himself requested for diesel and not petrol refuel.

 

OPs further submitted that the complainant has not visited the OPs.1 & 2 fuel station to complain about the unfortunate incident.  Complainant directly approached the Jeevan Bhima Nagar Police Station to complain about the incident without informing the OPs.  On the very same day Police Inspector inspected the fuel station of OPs.1 & 2 and closed the complaint as there was no of evidence of mixing of fuel found.  OPs.1 & 2 further submitted that, as per the complainant advice the fuel was given and acknowledges the same.  Hence issue of compensation does not arise.  Hence there is no deficiency of service on the part of OPs.  The rest of allegations made in the complaint are denied by OPs.  Hence OPs.1 & 2 prayed for dismissal of the complaint with cost.

 

4. In the course of enquiry into the complaint, the complainant and the OP have filed their affidavit reproducing what they have stated in their respective complaint and objection.  Both parties submitted written arguments.  Both sides have produced documents which were marked.  We have heard the arguments of both sides and we have gone through the oral and documentary evidence of both parties scrupulously and posted the case for order.

 

5. Based on the above materials, the following points arise for our consideration:

 

 

1)	Whether the Complainant has proved that there is deficiency in service on the part of OPs, if so, whether he is entitled for the relief sought for?
2)	What order?

 

        6. Our findings on the above points are as under:

 

 

Point No.1:-	In the Negative
Point No.2:-	As per the order below

 

 

REASONS

 

 

7. Point No.1  The contention of the complainant is that, on 19.05.2018 complainant visited the OP petrol bunk to fill the diesel and directed the petrol bunk executive to fill diesel for Rs.1,010/-.  After filling the fuel the complainant paid the amount by swiping his credit card and thereafter drove the Car back to his house and parked the same in his house.  On 26.05.2018 complainant tried to start the vehicle but the Car did not start.  Hence complainant got his Car towed to service station and the service engineer given a report that Car has been seized due to mixing of petrol in the diesel tank.  For the negligent act of the OPs, complainant made to spent to repair the above said Car a sum of Rs.1,13,707/-.  To substantiate his contention complainant has produced transaction slip, vehicle report card, estimation details, police complaint.  On perusal of the vehicle report card/Ex-A3 issued by For Service Centre which reads here as under:

 

“Petrol mixing in fuel tank,

 

Fuel pump, injectors, injectors bushs need to be replace CAN, Fuel tank cleaning, vehicle sent with customer risk”

 

8. Further on perusal of the transaction slip issued by the OP/Ex-A2, it clearly evident that, the complainant has paid Rs.1,010/- to the OP Petrol bunk.  In the above said transaction slip it is not mentioned that, OP has filled diesel or petrol.  Further on perusal of entire documents produced by the complainant there is no documentary evidence to prove that, OP bunk has filled the petrol instead of diesel.  More over at the time of filling the fuel the complainant was very much present and he was silent.  The complainant after fill the fuel paid amount and took transaction slip from OP without any objection.  Further the complainant has lodged the complaint before the Jeevan Bhima Nagar Police.  The OP contended that, the above said Jeevan Bhima Nagar Police visited the spot and given a report stating that there is no evidence of mixing of petrol in the bunk.  The said statement of OP has not been disputed by the complainant.  Hence, it is proper to accept that the police authority has given a report that there is no evidence of mixing of fuel found. 

 

9. The complainant has negligent by his own act and has not taken any precautionary measures while the bunk authorities allegedly filled petrol instead of diesel.  By the conduct of the complainant has failed to take careful steps in preventing the petrol bunk authorities from filling petrol instead of diesel.  The complainant cannot point his finger on the OP.  Hence on the above discussion made hitherto the complainant has failed to prove that there is deficiency in service on the part of OP.

 

10. From the discussion made above, we are of the opinion that, the complainant is not entitled for relief as claimed in the complaint.  Hence we answered the point No.1 in the negative.

 

11. Point No.2: In the result, for the foregoing reasons, we proceed to pass the following order:          

 

 

 

                 

  O R D E R

 

 

 

The complaint filed by the Complainant is dismissed. No order as to costs.

 

         

 Supply free copy of this order to both the parties.

   

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this, the 06^th day of September 2019)

 

 

 

 

(ROOPA N.R)                                             (PRATHIBHA R.K)

   MEMBER                                                     PRESIDENT

 

                        
                   

                      

Witnesses examined on behalf of the complainant by way of affidavit:

 

Sri.S.D Mahesh.

 

Copies of documents produced on behalf of complainant:

 

Ex-A1	R.C book of the vehicle.
Ex-A2	Transaction slip
Ex-A3	Vehicle report card.
Ex-A4	Estimation details.
Ex-A5	Police complaint – Jeevan Bhima Nagar Police Station.
Ex-A6	NCR copy.
Ex-A7	Notice copy.
Ex-A8	ACK card.

 

Witnesses examined on behalf of the OP/s by way of affidavit:

 

Sri.S.Sujan Kumar.  

 

Copies of Documents produced on behalf of OP/s:

 

Ex-B1	Copy of the Weights and Measures caliberated certificate for dispensing Unit at the Retail Outlet site H.P Auto Care center.
Ex-B2	Complaint register extract maintained by OP-2.

 

 

 

 

(ROOPA N.R)                                             (PRATHIBHA R.K)

   MEMBER                                                     PRESIDENT

 

 

 

Vln*