Tamil Nadu

South Chennai

CC/123/2013

S.P.Rajesh - Complainant(s)

Versus

Katheesh, - Opp.Party(s)

Party in Person

02 Apr 2019

ORDER

                                                                        Date of Filing  : 26.04.2013

                                                                          Date of Order : 02.04.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP. : MEMBER

 

C.C. No.123/2013

DATED THIS TUESDAY THE 02^ND DAY OF APRIL 2019

                                 

Mr. S.P. Rajesh,

S/o. S.D. Prabhakaran,

No.31, Munusamy 4^th Street,

Ponniammanmed,

Chennai – 600 110.                                                      .. Complainant.                                                        

 

                                                                                            ..Versus..

 

1. Katheesh,

Sales Manager,

C/o. Kiviraj Motors,

Annasalai,

Chennai – 600 006.     

 

2. The General Manager,

C/o. Kiviraj Motors,

Annasalai,

Chennai – 600 006.

 

3. Maruti Suzuki India Ltd.,

Regional Office (South II),

7^th Floor, Capital Towers,

No.180, Kodampakkam High Road,

Nungambakkam,

Chennai – 600 034.                                                ..  Opposite parties.

 

For the complainant                              : Party in person

Counsel for the opposite parties 1 & 2 : M/s. A. Lakshmi Narasimhan

                                                                 & another

3^rd Opposite party                                 : Exparte

 

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 pray to pay a sum of Rs.4,13,476.66/- being the price of the car bearing Registration No.TN 05 AS 7941 or alternatively, the replacement of the complaint mentioned car, to pay the accessories worth Rs.24,000/- and to pay a sum of Rs.1,00,000/- towards compensation for damages, mental agony etc with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he approached the opposite parties 1 & 2 for purchasing a New Maruthi Zen Estilo sunlight copper colour car which was delivered on 03.04.2013 after due registration as Registration No.TN 05 AS 7941.  The complainant submits that the said vehicle was hypothecated with State Bank of India, Gopalapuram Branch, Chennai – 600 086 on the arrangement of the opposite parties.  The complainant submits that the opposite parties 1 & 2 arranged for the registration of the vehicle and delivered it to the complainant and assured that the vehicle is a brand new one with sunlight copper colour.   The complainant submits that when he drove the vehicle to Cochin (Kerala) one of the wheel fell into the gutter and had some damage.  Immediately, the complainant has taken the vehicle to the nearby Maruthi service station run by M/s. Indus Motor Co. Pvt. Ltd, who is an authorised service agent at Vyttila, Cochin.  The complainant submits that while the vehicle was under the service of M/s. Indus Motor Co. Pvt. Ltd., they told that the 1^st service was done on 05.11.2012 and body work has been done on 07.11.2012 at M/s. Sai Service Station, Vasai West, Maharastra under the ownership of Mr. Om Prakash Khanduer.  Immediately, the complainant approached Maruthi Regional Office, Cochin and confirmed the fact of first sale with Mr. Om Prakash Khanduer of Maharasthra.  Thereafter, the complainant has approached M/s. Khiviraj Motors, the opposite parties herein and ascertained the details regarding the first sale found to be correct.  The complainant submits that he booked a new Maruthi Zen Estilo sunlight copper colour car with the opposite parties and purchased a brand new car of the above said specification.   The complainant submits that there are several deficiencies regarding Leather seat, steering cover, Visor, Fog lamp, Side Beading, wheel cover, Audio system with 4 speakers, Fabric mat, remote centre lock etc were changed on payment of Rs.24,000/-.  Since the opposite parties sold the second hand vehicle, the complainant issued notice for replacement of new car for which, the opposite parties sent a reply dated:14.05.2013 making apology for the inconvenience but has not come forward to replace the vehicle.  The act of the opposite parties amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

 

2.      The brief averments in the written version filed by  opposite parties 1 & 2 is as follows:

The opposite parties 1 & 2 specifically deny each and every allegations made in the complaint and put the complainant to strict proof of the same.    The opposite parties 1 & 2 state that the opposite parties sold the Maruthi vehicle by name New Maruthi Estilo sunlight copper colour car bearing Registration No.TN 05 AS 7941 with Chassis No.380449, Engine No. K10BN7190371 under invoice No.2004315 dated:29.03.2013.  The opposite parties state that the 2^nd opposite party, the manufacturer vide invoice No.7346577 dated:14.09.2012 bearing chassis No.380449 was supplied by the manufacturer, the 3^rd opposite party and sold to the complainant.   Thereby, the allegation that the vehicle having chassis No.380449 was already sold to some 3^rd party and was serviced as M/s. Sai Service Station Vasai (West), Maharasthra on 05.11.2012 is not correct.  The opposite parties 1 & 2 state while doing the first job card with chassis No.MA3EMDEIS00380499, Registration No.MH 48 A 9613 a typographical error has occurred since the M/s.Sai Service Station Vasai (West), Maharastra has wrongly noted the Chassis Number as No.MA3EMDE1S00380499.   Therefore, there is no deficiency in service on the part of the opposite parties 1 & 2 and hence, the complaint is liable to be dismissed.

3.     In spite of receipt of notice, the 3^rd opposite party has not appeared before this Forum and hence, the 3^rd opposite party was set exparte

4.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A8 are marked.  Proof affidavit of the opposite parties 1 & 2 is filed and documents Ex.B1 to Ex.B3 are marked on the side of the opposite parties 1 & 2.  

5.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.4,13,476.66/- being the price of the car bearing Registration No. TN 05 AS 7941 or alternatively, the replacement of the car bearing Registration No.TN 05 AS 7941 as prayed for?
2. Whether the complainant is entitled to a sum of Rs.24,000/- towards accessories and a compensation of Rs.1,00,000/- towards damages, mental agony etc with cost as prayed for?

6.      On point:-

Both parties has not filed any written arguments and not turned up to advance any oral argument also.  Perused the records namely, the compliant, written version, proof affidavits and documents.  The complainant pleaded in the complaint and stated in the proof affidavit that he approached the opposite parties 1 & 2 for purchasing a New Maruthi Zen Estilo sunlight copper colour car which was delivered on 03.04.2013 after due registration as Registration No.TN 05 AS 7941. Ex.A1 is the Registration Certificate. Further the complainant contended that the said vehicle was hypothecated with State Bank of India, Gopalapuram Branch, Chennai – 600 086 on the arrangement of the opposite parties.  Further the contention of the complainant is that the opposite parties 1 & 2 arranged for the registration of the vehicle and delivered it to the complainant and assured that the vehicle is a brand new one with sunlight copper colour.  Further the contention of the complainant is that when he drove the vehicle to Cochin (Kerala) one of the wheel fell into a gutter and had some damage.  Immediately, the complainant removed the vehicle to the nearby Maruthi service station run by M/s. Indus Motor Co. Pvt. Ltd, who is an authorised service agent at Vyttila, Cochin.  Ex.A5 is the service bill issued by M/s. Indus Motor Co. Pvt. Ltd.   

7.     Further the contention of the complainant is that while the vehicle was under the service of M/s. Indus Motor Co. Pvt. Ltd., Vyttila, Cochin they told that the 1^st service was done on 05.11.2012 and body work has been done on 07.11.2012 at M/s. Sai Service Station, Vasai West, Maharastra under the ownership of Mr. Om Prakash Khanduer.  Immediately, the complainant approached Maruthi Regional Office, Cochin and confirmed the fact of first sale with  Mr. Om Prakash Khanduer of Maharasthra.  Thereafter, the complainant has approached M/s. Khiviraj Motors, the opposite parties herein and ascertained the details regarding the first sale found to be correct.  Further the contention of the complainant is that he booked a new Maruthi Zen Estilo sunlight copper colour car with the opposite parties and purchased a brand new car of the above said specification.   But to the surprise, the opposite parties 1 to 3 wilfully and unlawfully suppressed the real facts of first sale and changed the colour of the body and sold it to the complainant as a new one.  On a careful perusal of Ex.A1 & Ex.B1, Registration Certificate book, it is apparently clear that the vehicle was manufactured in the year 2012 having one and the same Engine No.K10BN7190371 and Chassis No.MA3EMDE1S00380449 except the colour.  As per Ex.B1, the same vehicle was sold to Mr. Om Prakash Khanduer, Maharastra proves the unfair trade practice.   Further the contention of the complainant is that there are several deficiencies regarding Leather seat, steering cover, Visor, Fog lamp, Side Beading, wheel cover, Audio system with 4 speakers, Fabric mat, remote centre lock etc were changed on payment of Rs.24,000/-. But the complainant has not produced any document.  Since the opposite party sold the second hand vehicle, the complainant issued notice for replacement of the vehicle with a brand new one.   The opposite party sent a reply dated:14.05.2013 as per Ex.B3 making apology for the inconvenience but has not come forward to replace the vehicle.  Hence, the complainant is constrained to file this case claiming a sum of Rs.4,13,476.66/- towards the price of the vehicle with accessories at the rate of Rs.24,000/- or alternatively, to replace the vehicle with a brand new one.

8.     The contention of the opposite parties 1 & 2 is that admittedly, the opposite party sold the Maruthi vehicle by name New Maruthi Estilo sunlight copper colour car bearing Registration No.TN 05 AS 7941 with Chassis No.380449, Engine No. K10BN7190371 under invoice No.2004315 dated:29.03.2013.  It is also admitted by the opposite parties that the 2^nd opposite party, the manufacturer vide invoice No.7346577 dated:14.09.2012 bearing chassis No.380449 was supplied by the manufacturer, the 3^rd opposite party and sold to the complainant.   Thereby, the allegation that the vehicle having chassis No.380449 was already sold to some 3^rd party and was serviced as M/s. Sai Service Station Vasai (West), Maharasthra on 05.11.2012 is not correct.  But on a careful perusal of Ex.B1, it is apparently clear that the said vehicle was sold to one Mr. Om Prakash Pyarelal Khanduri  vide Engine No.K10BN4437711, Chassis No.MA3EMDE1S00380499, Registration No.MH 48 A 9613 dated:26.09.2012.   Further the contention of the opposite parties 1 & 2 is that the chassis No.MA3EMDEIS00380499 Registration No.MH 48 A 9613 in Ex.B1 is a typographical error since the M/s.Sai Service Station Vasai (West), Maharastra has wrongly noted the Chassis Number as No.MA3EMDE1S00380499; is not acceptable.   Because, Ex.B1 was issued by the duly authorized registering Authority, Vasai (East), Maharasthra.   In the written version also, there is no change in the Chassis No.MA3EMDE1S00380499 as against Ex.A1 & Ex.B1 proves the deficiency in service and unfair trade practice.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 to 3 jointly and severally shall replace the New Maruti Zen Estilo sunlight copper colour car with a brand new one within month, failing which, the opposite parties 1 to 3 jointly and severally shall pay a sum of Rs.4,13,477/- with interest at the rate of 9% p.a. with a compensation of Rs.30,000/- for mental agony and cost of Rs.5,000/-.

In the result, this complaint is allowed in part.   The opposite parties 1 to 3 are jointly and severally liable to replace the New Maruti Zen Estilo sunlight copper colour car with a new one within one month, failing which, the opposite parties 1 to 3 are jointly and severally liable to pay a sum of Rs.4,13,477/- (Rupees Four lakhs thirteen thousand four hundred and seventy seven only) being the cost price of the above mentioned car along with interest at the rate of 9% p.a. from the date of complaint (i.e.) 26.04.2013 to till the date of this order (i.e.) 02.04.2019 and to pay a sum of Rs.30,000/- (Rupees Thirty thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 02^nd day of April 2019. 

 

MEMBER                                                                  PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	02.04.2013	Copy of RC Book
Ex.A2	29.03.2013	Copy of invoice
Ex.A3	30.03.2013	Copy of insurance
Ex.A4	30.03.2013	Copy of gate pass
Ex.A5	18.04.2013	Copy of 2nd service bill
Ex.A6	18.04.2013	Copy of Job Card Detail Cash Memo
Ex.A7	03.04.2013	Copy of vehicle Registration Process & undertaking
Ex.A8		Copy of 1st Service Coupon

 

OPPOSITE PARTIES 1 & 2 SIDE DOCUMENTS:-

Ex.B1	14.09.2012	Copy of invoice by Maruthi Suzuki India Ltd.
Ex.B2	26.09.2012	Copy of Registration Certificate by DY-RTO-VASAI, Maharashtra
Ex.B3	14.05.2013	Copy of reply letter by M/s. KHIVIRAJ MOTOR

 

 

 

MEMBER                                                                  PRESIDENT