BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.:202 of 2013.
Date of Institution: 10.04.2013.
Date of Decision:21.03.2017
Mahender Singh aged 35 years son of Sh. Badal Singh, resident of Rudrol, Tehsil Charkhi Dadri, District Bhiwani.
….Complainant.
Versus
- Indian Oil Corporation Limited through its, Managing Director Marketing Complex, Bohal, Panipat.
- Sahid Ram Chander Kishan Sewa Kendra Dealer Indian Oil Corporation Limited Village Jhojhu Kalan, District Bhiwani through its Proprietor.
- M/s Supreme Mobiles Limited Authorized Dealer Mahindra & Mahindra Ltd. Loharu Road, Bhiwani.
…...Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT.
BEFORE: - Shri Rajesh Jindal, President
Mrs. Sudesh, Member
Present:- Sh. Ashok Kumar, Advocate for complainant.
OP no. 1 exparte.
Sh. B.B. Jain, Advocate for OP no. 2.
Sh. Chakshu, Advocate proxy counsel of
Sh. Vinod Sharma, Advocate for OP no. 3.
ORDER:-
Rajesh Jindal, President:
The case of the complainant in brief, is that the complainant had purchased fuel/diesel oil for his vehicle Bulero SLX 2 WD Seven seater from Sahid Ram Chander Kishan Sewa Kendra (Petrol Pump), which is not a pure oil even that complainant paid the cost of a pure diesel oil. It is alleged that due to the mixed other things in the oil supplied by the OP no. 2 the engine of the vehicle of complainant became damaged and not doing properly. It is alleged that the complainant reached at the office of the OP no. 3, who told that all these problems in the vehicle due to mixed oil. It is alleged that the complainant meet with Ops no. 1 & 2 and requested them for compensation but to no avail. The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony and harassment. Hence, it amounts to deficiency in service on the part of respondents and as such he had to file the present complaint for seeking compensation.
2. OP no. 1 has failed to come present. Hence he was proceeded against exparte vide order dated 31.10.2013.
3. On appearance, the OP no. 2 has filed written statement alleging therein that the complainant has not mentioned as to when he has purchased the diesel from the answering respondent. It is submitted that neither the defect in the engine of the vehicle of the complainant has been pointed out and nothing has been written as to what defect the OP no. 3 has pointed out. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of opposite party no. 2 and complaint of the complainant is liable to be dismissed with costs.
4. OP No. 3 on appearance also filed separate written statement alleging therein that complainant had brought his vehicle to the workshop on 01.10.2012 and the vehicle was found Ok and the same was handed over to the complainant on the same day after charging Rs. 2430/- vide bill dated 01.10.2012. He further submitted that the complainant has placed two bills on the file dated 15.11.2012 issued by Diksha Automobiles Badhra wherein the vehicle number has not been mentioned. He submitted that the complaint of the complainant is false and complainant has no cause of action against the OP no. 3.
Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of opposite party no. 3 and complaint of the complainant is liable to be dismissed.
5. In order to make out his case, the counsel for the complainant has tendered into evidence documents Annexure C-1 to Annexure C-15 alongwith supporting affidavit.
6. In reply thereto, the counsel for OP no. 2 has tendered into evidence documents Annexure R-1 to Annexure R-5 alongwith supporting affidavit.
7. Written arguments has been filed on behalf of the opposite party no. 2 and we have heard the counsels for the parties.
8. Learned counsel for the complainant reiterated the contents of the complaint. He submitted that the complainant had purchased the fuel/diesel oil from OP no. 2 vide receipt dated 28.09.2012 Annexure C-4, which was not pure. Hence the engine of the vehicle of the complainant damaged. He submitted that the vehicle of the complainant is parked in the workshop of OP no. 3 since 28.09.2012. In support of his contention he referred the test certificate dated 16.01.2013 issued by Shriram Institute for Industrial Research, New Delhi.
9. Learned counsel for the OP no. 2 reiterated the contents of the reply. He submitted that on the complaint made by the complainant to DFSC, Bhiwani, checking was done at the petrol pump of the OP no. 2 in the presence of the complainant on 03.10.2012. Total six samples were drawn out of which two were kept by OP no. 3, two were kept by the DFSC and the remaining two were sent to the lab of Indian Oil Corporation at Rewari for testing. The testing report of Rewari Lab is Annexure R-4. According to said laboratory report Annexure R-4 the sample of the diesel oil meets specification. The counsel for the OP no. 2 submitted that in view of report of laboratory of Indian Oil Corporation at Rewari Annexure R-4 the diesel oil supplied by the OP no. 2 to the complainant was pure. He further submitted that the report dated 16.01.2013 Annexure C-12 of Shriram Institute for Industrial Research, New Delhi cannot be looked into because the sample in question was given to the said laboratory by the complainant on 16.01.2013 about after 3 and half months from the date of taking of the sample. According to the instructions issued by the Petroleum and Natural Gas Ministry the sample must be sent for testing within 10 days from the date of taking. He submitted that the said report has been procured by the complainant to snatch the money from the OP no. 2.
10. Learned counsel for the OP no. 3 reiterated the contents of the reply. He submitted that the complainant had brought his vehicle to the workshop on 01.10.2012 and the vehicle was found Ok and the same was handed over to the complainant on the same day after charging Rs. 2430/- vide bill dated 01.10.2012. The copy of bill dated 01.10.2012 is Annexure C-8. The vehicle was found Ok and it was well in running condition. He further submitted that the complainant has placed two bills on the file dated 15.11.2012 issued by Diksha Automobiles Badhra wherein the vehicle number has not been mentioned. He submitted that the complaint of the complainant is false and complainant has no cause of action against the OP no. 3.
11. In the light of the pleadings and arguments of the parties, we have examined the material on record carefully. The complainant has relied upon the bill dated 16.01.2013 Annexure C-12 issued by Shriram Institute for Industrial Research, New Delhi. Admittedly, the sample of the diesel was taken by the complainant from DFSC and handed over to the said lab for testing on 16.01.2013, while the sample was drawn on 03.10.2012. The complainant has not explained why he has taken a long period of 3 months and 3 days to take his sample to the private lab for testing. The said report has mentioned the Water content, ppm 63 (observed value) besides this no detail analysis of the diesel has been given in the report as mentioned by the laboratory of Indian Oil Corporation Limited, Rewari in test report dated 02.11.2012 Annexure C-10. We have also perused the Gazette notification dated 19.12.2005 of Petroleum Ministry, New Delhi. In the said order it has been mentioned the sample will be sent for analysis within 10 days from the date of drawn. The counsel for the complainant could not explain the contents of the report dated 16.01.2013 of Shriram Institute for Industrial Research, New Delhi. In these circumstances, the said report is of no help to the complainant. The complainant has failed to adduce cogent evidence to prove that the diesel supplied by the OP no. 2 was adulterated or mixed. Considering the facts of the case, we do not find any force in the contention of the complainant, being devoid of merits, is dismissed. No order as to costs. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 21.03.2017. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Sudesh)
Member.
