Tamil Nadu

South Chennai

CC/194/2018

Mr Venkatesan Perumal - Complainant(s)

Versus

Khiviraj Motors - Opp.Party(s)

M/s Parthiban

15 Mar 2023

ORDER

                                                                     Date of Complaint Filed : 18.04.2018

                                                                     Date of Reservation      : 03.03.2023

                                                                    Date of Order               : 15.03.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                 :  MEMBER  I 

                      THIRU. S. NANDAGOPALAN., B.Sc., MBA.,          : MEMBER II

 

CONSUMER COMPLAINT No.194 /2018

WEDNESDAY, THE 15^th DAY OF MARCH 2023

Mr.S.Venkatesa Perumal, aged about 35 years,

S/o. Srinivasan,

Residing at No.3/4,

Office Colony,

Padi,

Chennai-600 050.                                                                                                                     ... Complainant                

..Vs..

Khivraj Motors Pvt. Ltd. Maruthi Suzuki,

Rep by its Vice President (Service),

Super A1 & A 2 Sidco Industrial Estate,

Guindy, Chennai - 600 032.                                                                                                   ...  Opposite Party

 

******

Counsel for the Complainant          : M/s. T. Parthiban

Counsel for the Opposite Party       : Exparte

 

ORDER

Pronounced by Member-I, Thiru. T.R. Sivakumhar., B.A., B.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to direct the Opposite Party to produce the original documents of Complainant’s,       i) Original Registration Certificate of Maruti Swift VDI BSIV Car bearing Registration No.TN 13 B 3011 ii) original insurance policy of Maruti Swift VDI BSIV Car bearing Registration No.TN 13 B 3011 iii) Original driving licence of Complainant Mr.Venkatesa Perumal and to pay a sum of Rs.10,00,000/- as compensation for mental agony, professional misconduct, deficiency in service and to pay a sum of Rs.25,000/- as cost of the complaint.

2.     The averments of Complaint in brief are as follows:-

The Complainant owned Maruti Swift VDI BSIV car bearing Registration No. TN 13 B 3011 and the Registration Certificate is valid from 20.01.2015 to 19.01.2030. He used to service the said vehicle regularly from the Opposite Party’s branch office at Guindy and insure his vehicle from the Opposite Party. On 10.04.2017 he had left the said vehicle with the Opposite Party along with the Originals of Registration Certificate, Insurance Policy of the said vehicle and his Driving License for Insurance verification and the same was received by the Opposite Party, whereas the Opposite Party had returned his said vehicle alone without returning the above said originals submitted to them. Having waited for the above said original documents since the Opposite Party had sought for time for returning the above said original documents as the same were misplaced in their office and thereafter only on 20.06.2017 the Opposite Party had issued a letter stating that the said original documents are in process of getting the same and it would take 40 days from the date of the said letter. In spite of the said commitment even after 8 months no proper reply was given by the Opposite Party. As he had decided to sell his said vehicle, without the said original documents the sale could not proceeded with and even after the Opposite Party obtain duplicate of the said documents, original value of the said car would lost and even he had lost his Original Driving License because of the lethargic attitude of the Opposite Party, which made him to suffer mental agony and the act of the Opposite Party amounts to deficiency of service. Hence he was constrained to send a legal notice dated 28.02.2018 to the Opposite Party seeking compensation for their deficiency of service and mental agony caused to him for the past 8 months, failing compliance within 15 days intimated that he would take necessary legal action against the Opposite Party. On receipt of the same, the Opposite Party had sent a reply notice dated 27.03.2018 rejecting his claim. As his Original driving license was lost by the Opposite Party he could not drive his vehicle which resulted in engaging acting driver on daily basis for more than 8 months and thereby sustained monetary loss. Hence this complaint.

3.  The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents marked as  Ex.A-1 to Ex.A-8. The Opposite Party did not appear before this Commission even after sufficient notice served and remained absent and set exparte.

4.     Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:

5.    On perusal of the complaint and exhibits marked in support of the complaint, it is clear that the subject vehicle was registered in the name of the Complainant as found in Ex.A-2 and the Complainant had given the subject vehicle on 10.04.2017 to the Opposite Party, it is found from Ex.A-2, Demanded Repairs and Job Instructions Capturing Sheet dated 10.04.2017, that the vehicle was received with damage in front side and entry of receipt of Original Registration Certificate and Insurance Policy by the Opposite Party. As per Ex.A-4 Letter dated 20.06.2017 sent by the Opposite Party to the Complainant, it was acknowledged by the Opposite Party for having received the Original Registration Certificate, Original Insurance Policy and the Original Driving License of the Complainant and it was informed by the Opposite Party that they were in process of getting the documents issued again from RTO, which would take around 40 days from the date of the said letter. The Contention of the Complainant was that as there was no proper response or reply even after 8 months from the above said letter, he was constrained to cause a legal notice dated 28.02.2018 to the Opposite Party explaining that the Complainant had decided to sell the subject vehicle and without said Originals the sale could not be effected and even if the Opposite Party obtain duplicate of the said originals, the value of the subject vehicle would lost and hence sought for to produce the above said originals and for compensation towards mental agony, which Notice was received by the Opposite Party, as evidenced from Ex.A-5. As per Ex.A-6 Reply notice dated 27.03.2018 by the Opposite Party to the Complainant, it was admitted that the above said originals could not be returned to the Complainant as the same were not traceable at the Opposite Party’s office and hence had applied to RTO for Fresh Registration Certificate and duplicate Driving license, with the consent of the Complainant and he would be satisfied with the same. It was further mentioned in the said reply that on receipt of the said documents the Complainant was asked to collect the same which he had failed to take by giving an acknowledgement to the Opposite Party and had failed to turn back to receive the same. It was further mentioned in the said reply that the RTO had issued RC Book and driving license having satisfied about the loss of the said documents, would not affect the sale of the subject vehicle by the Complainant without originals, as the duplicate has the same value as original and as they were dealing with thousands of customers and so, the loss of original was an accidental one and not intentional and denied the claim of the Complainant and the Complainant was informed to collect the Fresh RC Book and duplicate Driving License.

6.   On discussion made above and on considering the facts and circumstances of the case, it is clear from Exs.A-4 and A-6 that the Opposite party had admitted about the lost of Original Registration Certificate, Original Insurance Policy pertaining to the subject vehicle of the Complainant as well  as about the loss of Original Driving License of the Complainant, at the office of the Opposite Party, which has been handed over by the Complainant on 10.04.2017 to the Opposite Party. And it is also clear that the Opposite Party had committed by their Letter dated 20.06.2017 to obtain the above said documents from RTO which was under process and the same would be obtained in 40 days, which was not obtained within or around 40 days as assured by the Opposite Party as evidenced from Ex.A-5, as the Opposite Party even in their reply notice dated 27.03.2018, Ex.A-6, though the Opposite Party had mentioned that they had obtained the Fresh RC Book and Duplicate Driving License, it was not mentioned on which date they had obtained the said documents and on which date the Complainant was asked to collect the said documents, would clearly prove that the Opposite Party had acted lethargically and negligently handling the Original documents of the Complainant as mentioned above and thereafter pleaded in Ex.A-6 reply notice sent by the Opposite Party that the loss of Original documents would not affect the value of the subject vehicle if to be sold and they deal with thousands of customers and the loss of original documents of the Complainant was accidental and not intentional, are not legally sustainable.

7.      Hence, the above said lethargic and negligent act of the Opposite Party would clearly amounts to deficiency in service on their part. Therefore, we are of the considered view that the Opposite Party had committed deficiency of service and caused serious mental agony to the Complainant, for which the Opposite Party is liable to compensate the Complainant. Accordingly Point No.1 is answered.

Point No.2:

8.       As discussed and decided in Point No.1 against the Opposite Party, the Opposite Party is liable to hand over the duplicate Registration Certificate of Maruti Swift VD1 BSIV bearing Registration No.TN13 B 3011, the duplicate Driving license of the Complainant as well as Duplicate Insurance Policy of the said vehicle, if obtained by the Opposite Party after due compliance of legal formalities, and to pay Rs.50,000/- towards deficiency in service and mental agony, along with cost of Rs.5,000/- to the Complainant, Accordingly Point Nos. 2 and 3 are answered. 

In the result, the complaint is allowed in part. The Opposite Party is  directed to hand over the duplicate Registration Certificate of Maruti Swift VD1 BSIV bearing Registration No.TN13 B 3011, the duplicate Driving license of the Complainant as well as Duplicate Insurance Policy of the said vehicle, if obtained by the Opposite Party after due compliance of legal formalities, and to pay Rs.50,000/- (Rupees Fifty Thousand Only) towards deficiency in service and mental agony, along with cost of Rs.5,000/- (Rupees Five Thousand Only) to the Complainant, within 8 weeks  from the date of receipt of the order.                                                                                                                                                                                                                                                                                                                                                                                                                 

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 15^th of March 2023.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 List of documents filed on the side of the Complainant:-

 

Ex.A1	29.09.2011	Driving licence of the Complainant
Ex.A2	20.01.2015	Registration Certificate bearing Registration No.TN-13 B 3011 MARUTHI SWIFT VDI BSIV
Ex.A3	10.04.2017	Complainant left the said vehicle along with the original Documents like, Original Registration Certificate, Driving Licence, to Opposite Party
Ex.A4	20.06.2017	The Opposite Party sent a letter to the Complainant
Ex.A5	28.02.2018	The Complainant issued a legal notice to the Opposite Party through RPAD
Ex.A6	27.03.2018	The Opposite Party issued a reply notice to the Complainant.
Ex.A7	-	Evaluation of the condition of car
Ex.A8	-	Evaluation of the condition of car

List of documents filed on the side of the Opposite Party:-

NIL

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT