Tamil Nadu

North Chennai

CC/105/2018

M/s.Sivaranan P - Complainant(s)

Versus

Lanson Cars Pvt Ltd.Rep by its Director - Opp.Party(s)

M/s.Sarvabhavman Associater

13 Jun 2022

ORDER

                                                                     Complaint presented on :10.09.2018                                                                       Date of disposal            :13.06.2022

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

                PRESENT : THIRU. G. VINOBHA, M.A., B.L.,                          :PRESIDENT

                                      TMT. KAVITHA KANNAN, M.E.,                         : MEMBER-I

           

C.C. No.105/2018

 

DATED MONDAY THE 13^th    DAY OF JUNE 2022

                                

M/s.Sivaraman P

18A, North Street,

Villandai Village & PO

Thirukovilur Thaluk,

Villupuram District

Tamilnadu-605 756

                                                                                               …..Complainant

 ..Vs..

Lanson Q Car Pvt.Ltd.,

Rep by its Director,

36, Poonamallee High Road

Koyambedu, Chennai-600 017.

 

.....Opposite Party

Counsel for Complainant                   : M/s.Sarvabhauman Associates & Lavanya

                                                            Shankar

 

Counsel for  opposite party                 : M/s.M.S. Soundara Rajan,

                                                           B.Gowthamarajan, M.Asokaa

 

 

 

 

 

ORDER

THIRU. G. VINOBHA, M.A., B.L., PRESIDENT :

This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to direct the opposite party to pay a sum or Rs.6,00,000/-charged extra with interest at the rate of 24% p.a. from 25.06.2018 till the date of realization and to a sum of Rs.5 lakhs as damages towards mental agony and to pay a sum of Rs.5 lakhs for unfair trade practice and deficiency of service and to pay a sum of Rs.1,00,000/- towards cost of proceeding.

1.THE COMPLAINT IN BRIEF:

          The complaint is preferred in respect of the unfair trade practice and deficiency in service on the part of opposite party herein relating to supply of vehicle namely ‘Toyota Innova’ The material facts are stated below. The complainant stated that the opposite party thus offered an INNOVA bearing registration No. TN-01-AZ-1001 VX2015 model stating that the vehicle has run less kilometers.  The complainant visited the showroom of the opposite party along with his brother and inspected the vehicle.  The complainant stated that the sales representative of the opposite party misrepresented that the actual price of the Toyota Innova in the year 2015 was Rs.19,50,000/- and after deducting the depreciation value of the vehicle the price of the vehicle has been fixed at Rs.15,75,000/- inclusive of taxes, name transfer in the RC book and insurance. Therefore on 19.06.2018 the complainant paid an advance of Rs.75,000/- to the opposite party and in addition gave copies of his Aadhar card, ration card and a  blank cheque leaf duly signed by him.  The true copy of the ledger account of the full amount received by the opposite party for vehicle for Rs.15,75,000/- is being filed herewith. The complainant stated that after taking deliver of the vehicle on 25.06.2018 on reaching his native  place he came to know the difference in actual pricing of the 2015 Innova Vx diesel model in 2015and the one quoted by the opposite party.  He also cross checked and found the actual price of 2015 model of InnovaVx diesel in 2015 was ranging only between 10-15 lakhs and not Rs.19.5 lakhs quoted by the opposite party. The opposite party by hiking the price of the Innova by 5-7 lakhs and stating it to be Rs.19,50,000/- has totally misrepresented to him which is nothing but resorting to unfair trade practise. The opposite parties have engaged in unfair trade practice by misrepresenting the price of a 2015 make.  The complainant is a consumer who has purchased the vehicle believing the statement of opposite parties and subsequent events and documents expose the falsity of opposite parties and not the complainant is forced by opposite party in an unfair manner to own an old vehicle without any proper documents and not effected transfer of the vehicle in the name of complainant and  the same amounts to deficiency in service and unfair trade practice and hence the complaint.

2.WRITTEN VERSION FILED BY OPPOSITE PARTY IN BRIEF:-

          The opposite party submitted that on 19.06.2018 the complainant came along with 4 persons to opposite party’s used car showroom to purchase old Toyota Innova Car and showed interest in purchasing Innova Car bearing Registration No.TN 01 AZ 1001 Vx 2015 model. Further submitted that any used car price will be fixed only based on the market value prevailing at that time for the particular making and depending upon on the condition of the vehicle and submitted that the complainant had booked the vehicle by paying a sum of Rs.75,000/- by cash. Opposite party submitted that the complainant has transferred a sum of Rs.10,00,000/- on 22.06.2018 and again the complainant has transferred of Rs.5,00,000/- on 25.06.2018.  Thereafter on the same day, the complainant took delivery of the vehicle and inspite of the request made by the sales representative not to use the vehicle before name transfer.  The complainant’s brother had requested to floor mat in the vehicle and the same was also fixed.  However the complainant has not paid the cost the mat Rs.3500/-.  The name transfer was effected in the original RC book issued by RTO villupuran and the RTO has taken their own time to make endorsement in the RC book and there was no delay on the part of the opposite party.  The complainant has failed to collect the original RC  book from the office of the opposite party.  However the complainant had collected the RC book and insurance policy only on 10.08.2018 after receiving the reply notice from the opposite party.  Further submitted that the complainant and the persons came along with him have taken the vehicle for test drive and inspected the vehicle thoroughly and they have verified the model of the vehicle and checked the documents. The complainant had purchased the car after ascertaining the market price and having purchased second hand the car with full satisfaction, it is arbitrary and illegal to file complaint for Rs.17 lakhs as if the opposite party has sold the vehicle for higher price and when the entire claim is baseless, the complainant is not entitled to any compensation and damages.

        3. POINTS FOR CONSIDERATION:

1. Whether there is any unfair trade practice and deficiency in service on the part opposite parties as alleged in the complaint. ?

2. Whether the complainant is entitled for the reliefs prayed in the complaint.     If, so to what extent?

The complainant filed proof affidavit and Ex.A1 to A8 were marked on his side.  The opposite party filed proof affidavit and Ex.B1 to B4 were marked on the opposite party side.

 

4. POINT NO :1

          The complainant approached the opposite party who is dealing in sale of used cars and the complainant purchased a Innova Car Bearing Registration No. TN-01-AZ-1001 VX2015 model, before the sale the complainant has visited the show room of the opposite party along with four persons and his brother and the opposite party offered to sell the car of the Year 2015 at Rs.15,75,000/- including taxes, name transfer and Insurance.  After seeing the vehicle condition and the Kilometer reading and also after knowing fully well that the vehicle belong to 2015 year.  The complainant has paid an advance amount of Rs.75,000/- and also given his Adhar and Ration card and a Blank cheque for finance to purchase the vehicle.  Accordingly later on 22.06.2018 complainant paid Rs.10,00,000/- by account transfer and Rs.5,00,000/- on 25.06.2018 thus totally he has paid Rs.15,75,000/- .

          5. It is alleged by the complainant that the opposite party misrepresented by stating that the price of the vehicle is Rs,19,50,000/- and after deduction depreciation value fixed the price at Rs.15,75,000/- and according to the complainant the opposite party cheated and misrepresented by hiking the price of Innova by 5-7 lakhs and thereby committed unfair trade practice and  by not effecting name transfer even after sale inspite of demands made by the complainant thereby the opposite party committed deficiency in service and hence the complainant claimed various reliefs against the opposite party. 

          6. But on the other hand the opposite party contended that the complainant and other persons who came with him have taken the vehicle for test drive and inspected the vehicle thoroughly and verified the model and checked the documents and only after ascertaining the market value of the car of the model 2015 after negotiation the offer of the opposite party was accepted by the complainant and paid a total agreed price of Rs.15,75,000/- and taken delivery of the vehicle on 25.06.2018 and further contended that  in the delivery note itself it is stated that the complainant is taking delivery at his own risk and he was advised not to use the vehicle before name transfer further according to opposite party there was no misrepresentation or cheating with regard to sale price of the vehicle.  Further the complainant has not paid the mat cost of Rs. 3500/- till this date and further contended that name transfer was effected in the original RC book but the complainant failed to collect the R.C. book and insurance from the opposite party and he had collected it only on 10.08.2018 after receipt of reply the legal notice from the opposite party and therefore it is contended there is no deficiency in service on the part of opposite party.

          7. It is found from the Ex.A1 that the complainant has accepted to the terms and conditions and also verified the car conditions and price and after affixing his signature he has agreed to purchase the vehicle of Rs.15,75,000/-, it is found from the Ex.A3 that on the date of sale on 25.06.2018 the vehicle and insurance was standing in the name of previous owner.  Ex.A4 shows that the entire amount was paid by the complainant the delivery of the car was on 25.06.2018 as found from Ex.A5 .  It is contended by the complainant based on Ex.A6 that the price of the car in the year 2015 was 13.21 to 16.73 lakhs it is found from Ex.A8 reply notice that the documents after effecting name transfer was not handed over to complainant till 01.08.2018.

          8. On perusal of Ex.B2 the price of the car of the year 2015 is shown as Rs.18,91,000/- It is found from Ex.B4 that the vehicle was sold by the opposite party to the previous owner for Rs.19,29,358/- therefore it is found that there is no proof in the contention of the complainant of the opposite party has hiked the price and sold it to complainant by misrepresenting the price.  On the other hand it is found that the complainant has purchased the car after fully ascertaining the condition and price of the car  having accepted to the terms and conditions and signed in Ex.A1 and delivery note  it is not open to the complainant at a later stage to allege that he has been cheated by the opposite party.  Further the opposite party relied upon the decisions reported in CDJ 2010 APSCDRC 004 Ms.haripriya Modugula BBM city school bank, Aruna society, Kukatpally, Hyderabad versus M/s. Naidu Cars Pvt. Ltd & another  and also relied upon the decision In the State Commission, Delhi Shti Brijesh Sjukla vs Maruti Suzuki India Pvt. Ltd. On 7^th July, 2010 and contended that as per the provisions of the Sale of Goods Act, there is principle of Caveat Emptor (Purchasers Beware) and hence contended that the complainant should have verified the documents and the price of the vehicle prior to purchase of the vehicle.  In the present case is also as stated earlier he has purchased the vehicle after thorough verification the documents and conditions of the vehicle , hence there is no unfair trade practice committed by the opposite party. But at the same time though the vehicle was sold on 25.06.2018 and entire sale price was paid by the complainant as per Ex.A8 and even as per the written version of the opposite party the documents of the vehicle after name transfer was handed over to the complainant only on  10.08.2018 after issue of the reply notice. However for handing over of such documents there is no proof filed by the opposite party.  At any event there is delay by the opposite party in effecting name transfer and handing over the documents to the complainant which amounted to deficiency in service.  Point No.1 is answered accordingly.

9. Point No. 2:-

Based on the finding to point No.1, since it is found that there is deficiency in service committed by the opposite party and hence the opposite party is liable to pay a sum of Rs.25,000/- to the complainant for the deficiency in service  for belatedly handing over the vehicle transfer documents to the complainant.

In  the result the complaint is partly allowed and the opposite party is directed to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the complainant towards deficiency in service and to pay a sum of Rs.5,000/- towards cost of the complaint. The above amount shall be paid to the complainant within 2 months from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest from the date of this order to till the date of payment.

Dictated  by the President to the Steno-Typist taken down, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 13^th day of  June 2022

MEMBER – I                                                                                    PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1	19.06.2018	The order form vehicle specs and terms issued by opposite party
Ex.A2	25.06.2018	Insurance policy in the previous owners name
Ex.A3		RC book copy in the previous owners name
Ex.A4		Ledger account of the full amount received by the opposite party
Ex.A5		Delivery note issued by the opposite party
Ex.A6		Website showing the prices of 2015 model of Innova Vx model
Ex.A7	24.07.2018	Legal notice issued  by the complainant to the opposite party with ack
Ex.A8	01.08.2018	Reply notice by the opposite party to the complainant

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY:

Ex.B1	19.06.2018	Order booking form.
Ex.B2		Price of the innova 2015  model
Ex.B3	27.04.2015	Innova car of Swaminathan
Ex.B4		Statement of account total value of car

 

 

MEMBER  I                                                                                   PRESIDENT