Tamil Nadu

South Chennai

CC/215/2013

M.Antonydasan - Complainant(s)

Versus

Jain Jubiliant Cars Pvt. Ltd., - Opp.Party(s)

S.Ravichandran

13 Oct 2021

ORDER

                                                                    Date of Complaint Filed    : 21.03.2013

                                                                                        Date of Reservation           : 08.10.2021

                                                                                        Date of Order                      : 13.10.2021

                                                                                                       

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH)

 

Present:

 

                  Thiru. R.V.R. Deenadayalan, B.A., B.L.                                  : President

                 Thiru. T. Vinodh Kumar, B.A., B.L.                                          : Member

 

CONSUMER COMPLAINT No.215/2013

 

WEDNESDAY, THE 13^TH DAY OF OCTOBER 2021

                                

Mr. M. Antonydasan,

S/o. Mr. G. Masilamani,

No.20 A, Periya Salai,

Ponniamman Medu,

Chennai – 600 110.                                                                              .. Complainant.                                                                     ..Versus..

 

1. M/s. Jain Jubiliant Cars Pvt. Ltd.,

Represented by its Manager,

Raja Annamalai Buildings,

No.18/3, Marshal Road,

Egmore,

Chennai – 600 008.

 

2. M/s. Nissan Motors India Pvt. Ltd.,

Represented by its Manager,

Nos.37 & 38, Venkatnarayana Road,

T. Nagar,

Chennai – 600 017.                                                                               ..  Opposite parties.

******

 

Counsel for the complainant                                                  : M/s. S. Ravichandran

Counsel for the 1^st opposite party                                         : M/s. W.M. Abdul Majeed

Counsel for the 2^nd opposite party                                        : M/s. B.L. Lavanya Shankar

 

            On perusal of records and after having heard the oral arguments of the Opposite parties’ 1 & 2 side and having treated the written arguments of complainant as oral arguments we delivered the following

ORDER

Pronounced by the President Thiru. R.V.R. Deenadayalan, B.A., B.L.

            The complainant has filed this complaint under section 12 of the Consumer Protection Act, 1986 and prays to pay the discount amount of Rs.28,000/-in purchase of NISSAN SUNNY XL PETROL version car under the Scheme of Discount offer and to pay a sum of Rs.1,00,000/- towards compensation for mental agony, stress, loss, hardship and deficiency in service caused to the complainant with cost.

            2.The complainant submitted his Proof Affidavit and written argument.   On the side of the complainant, documents Ex.A1 to Ex.A12                                                                                                                                                                      were marked.   The 1^st opposite party has submitted his proof affidavit and written arguments and on the side of the 1^st opposite party documents Ex.B2 to Ex.B10 are marked.  The 2^nd opposite party has submitted his proof affidavit and written arguments and on the side of the 2^nd opposite party documents Ex.B1 is marked.

3.Complaint in brief:-

 

Complainant has booked a NISSAN SUNNY XL PETROL version car in Bronze Grey colour on 25.02.2012 with the 1^st opposite party under the scheme of discount offer of Rs.28,000/-.  The 1^st opposite party assured that the complainant is entitled to the discount of Rs.28,000/-, if the complainant booked his car within the month of March 2012 irrespective of the date of delivery of the vehicle.  The above said car was not delivered  at the end of the month period i.e. on 25.03.2012 as assured by the 1^st opposite party and it was postponed beyond 31.03.2012.  The opposite party informed that the car would be delivered on 28.04.2012 and asked to pay the new price as per the new schedule. The complainant also paid entire amount that is Rs.7,92,631/- on 28.04.2012, but the model LPMI, Chassis No.MDHBBAN 17C3006941 Engine No.763993A was delivered on 05.05.2012.  Because of delay in delivery of the car the complainant suffered loss a sum of Rs.19,882/- and  the opposite party has failed as  assured offer of discount of Rs.28,000/-. The 1^st opposite party shifted the blame to the 2^nd opposite party and tried to evade the issue of discount and advised the complainant to contact the 2^nd opposite party. The complainant also gave a complaint with the 2^nd opposite party on 24.05.2012 but the 2^nd opposite party did not respond the same.  Hence the complainant filed this complaint before this Commission.

 

4.Written version of 1^st opposite party in brief:-

 

The 1^st opposite party is the dealer and the 2^nd opposite party is the manufacturer of Nissan Cars in India. The offers and discounts are issued on the month to month basis and it would not be carried for the subsequent months.  Further the manufacturer announces different schemes throughout the year and depending on it discounts are announced.  There was no communication that the offers and discounts would carried out upto the date of delivery of the car.  The date of delivery mentioned in the  order booking is only tentative date and the complainant had paid only Rs.25,000/- and price prevailing at the time of delivery of the vehicle shall be applicable as per the terms and conditions given in the sale order.  The complainant booked the vehicle on 25.02.2012 by paying only a sum of Rs.25,000/- and paid the balance amount on 28.04.2012 and taken delivery of the vehicle after registration and other formalities on 04.05.2012. The discount available for the month of February 2012 could not be carried forward to the month of April-May 2012 both because a new financial year has commenced from the month of April 2012 and that the manufacturer had discontinued the discount. Even though there was no offer, the 1^st opposite party had given Rs.11,000/- worth of accessories free of cost to the complainant which was accepted by the complainant with any protest.  Hence it is requested to dismiss the complaint.

 

5.Written version of the 2^nd opposite party in brief:-

 

It is admitted by this opposite party that the relation with the 1^st opposite party and 2^nd opposite party is principal to principal.  This is eminently clear from the agreement between this opposite party and the 1^st opposite party wherein it stands provided, clearly and explicitly, that for no proposes whatsoever this opposite party is to be considered as a principal of the 1^st opposite party. This opposite party would not be their agent between the complainant and the 1^st opposite party.  The entire nogotiation, whereby the dealer after purchasing the car from the manufacturer sells it to the final consumer is conducted totally and exclusively by the dealer and there is absolutely no involvement of any nature whatsoever on part of the manufacturer.  Hence it is requested to dismiss this complaint.

6.The points for consideration are:-

1) Whether there is any deficiency in service on the part of the opposite parties?

2)Whether the complainant is entitled to get reliefs as claimed in the complaint?

3)To what relief, the complainant is entitled?

7.Point No.1:-

 

As per Ex.A1 and Ex.B2 would reveals that the 1^st opposite party has given an offer of Rs.28,000/- for purchasing a car and the same was admitted by the 1^st opposite party, but the 1^st opposite party stated that the offer was given by him only for the month of Febuary 2012 and could not be carried forward to the month of April-May 2012 and for the above defence taken by the 1^st opposite party has not produced any document and therefore the pleading of the complainant shall be taken as true. In general, the customer can booked a vehicle on attractive discount made by the dealer.  After attracting the customer to book a vehicle in that month, the dealer cannot go beyond his promise, unless or otherwise the such terms to show that the offer is followed to certain period. But in this case no such terms and conditions was found in Ex.A1 and Ex.B2 and therefore the 1^st opposite party is liable to give discount offer of Rs.28,000/- to the complainant. 

8. Further the 2^nd opposite party is the manufacturer and there is no direct contact between the complainant and manufacturer.  Further the agreement between the 1^st opposite party and the 2^nd opposite party is act of a principal to principal basis and the 2^nd opposite party cannot be agent of the 1^st opposite party and therefore the 2^nd opposite party is not liable for the offer given by the 1^st opposite party.  Considering this fact we found that the 1^st opposite party has committed deficiency in service on that part. Accordingly point No.1 is answered.

9. Point No.2&3:-

We have discussed and decided that the 1^st opposite party committed deficiency in service and therefore the 1^st opposite party is liable to give offer amount of Rs.28,000/- to the complainant.  Further on persual of Ex.B6 showroom voucture would reveals that the 1^st opposite party freely given the accessories to a sum of Rs.11,000/- to the complainant on 28.04.2012.  But he has not given the discount of Rs.28,000/- as he offered on the date of booking and therefore the 1^st opposite party is liable to  pay the balance sum of Rs.17,000/- to the complainant. Accordingly point No.2 & 3 are answered.

In the result, this complaint is allowed in part.  Accordingly, the 1^st Opposite Party is directed to pay a sum of Rs.17,000/- (Rupees Seventeen thousand  only) towards balance discount offered amount to the complainant and to pay sum of Rs.10,000/- (Rupees ten thousand only) towards mental agony caused to the complainant and due to the deficiency of service on the part of the 1^st opposite party and also directed to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards litigation expenses to the complainant. The complaint is dismissed as against the 2^nd opposite party. 

The above amounts shall be payable by the 1^st opposite party within three months from the date of this order, failing which, the above said amounts shall carry interest at the rate of 9% per annum till the date of payment.

  Dictated to Steno-Typist, transcribed and typed by him, corrected and pronounced by us in the Open Commission, on this  the  13^th  day of October  2021.

 

T.VINODH KUMAR                                                     R.V.R.DEENADAYALAN                                                                                       

    MEMBER                                                                                       PRESIDENT

 

List of documents filed on the side of the complainant:

 

Ex.A1                               Nissan Sunny Price List

Ex.A2                               Nissan Sunny Price List

Ex.A3     25.02.2012     Copy of sales order booking form

Ex.A4     25.02.2012     Copy of receipt showroom voucher

Ex.A5     28.04.2012     Copy of receipt showroom voucher

Ex.A6      28.04.2012    Copy of Tax Invoice

Ex.A7     02.05.2012     Copy of Private Car Package Policy

Ex.A8     04.05.2012     Copy of Delivery note details

Ex.A9     24.05.2012     Copy of notice to the 1^st opposite party

Ex.A10   22.06.2012     Copy of legal notice

Ex.A11                          Copy of Acknowledgement of the 1^st opposite party

Ex.A12                          Copy of Acknowledgement of the 2^nd opposite party

 

* * * * * * * *

 

List of documents filed on the side of the 1^st opposite party:-

 

Ex.B1                                   Copy of relevant extract of the Retailership 

                                            Agreement entered between the opposite parties 1 & 2

List of documents filed on the side of the 1^st opposite party:-

 

Ex.B2   03.08.2015    Copy of the Authorization letter

Ex.B3   25.02.2012    Copy of Sales Order booking form

Ex.B4   25.02.2012    Copy of Receipt showroom voucher

Ex.B5   28.04.2012    Copy of Receipt showroom voucher

Ex.B6   28.04.2012    Copy of Tax Invoice

Ex.B7   04.05.2012    Copy of Delivery Note Details

Ex.B8   01.04.2013     Copy of confirmation of accounts

Ex.B9                          Copy of Nissan Sunny Price List (1)

Ex.B10                        Copy of Jubiliant-Nissan Sunny Price List (2)

 

 

 

T.VINODH KUMAR                                                                          R.V.R.DEENADAYALAN                                                                                        

    MEMBER                                                                                                 PRESIDENT