Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 316.
Instituted on : 22.08.2013.
Decided on : 07.09.2016.
Anil Kumar s/o Sh. Krishan Lal R/o VPO Farmana, Distt. Rohtak.
………..Complainant.
Vs.
- Mahindra & Mahindra Ltd. Through its Regional Manager, Mahindra & Mahindra Ltd. SCO 17, Sector-26D, Madhya Marg, Chandigarh-160019.
- Lochab Motor Company Pvt. Ltd., 1st Floor Rohtak Tower, Delhi Bye Pass, Rohtak through its Manager.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.JOGINDER KUMAR JAKHAR, PRESIDENT.
MS. KOMAL KHANNA, MEMBER.
SH. VED PAL, MEMBER.
Present: Sh.K.S.Dangi, Advocate for the complainant.
Sh.Gulshan Chawla, Advocate for opposite party no.1.
Sh.Deepak Jain Advocate for opposite party no.2.
ORDER
SH. JOGINDER KUMAR JAKHAR, PRESIDENT :
1. The present complaint has been filed by the complainant with the averments that he had purchased a car from the opposite party no.1 through opposite party no.2 on 31.12.2012 and the same was registered with the registering authority vide registration No.HR-46C-9904. It is averred that at the time of purchase of vehicle the complainant was provided with an owners manual consisting of three free services coupons and paid service coupons. It is averred that the first free service was valid either upto 500 km. of running of vehicle or 3 months whichever is earlier and the 2nd free service coupon was valid for 10000 kms. or 6 months whichever is earlier. It is averred that after plying the vehicle for 4860 km, the complainant approached the opposite party no.2 for its free service on 16.05.2012 and opposite party no.2 told the complainant that in their record the vehicle in question has already been serviced on 16 March 2013 and at that time it is shown that vehicle was plied 20821 kms. and it was the 3rd service under paid service on 1 May 2013 at 24959 kms. It is averred that complainant asked the opposite party no.2 about this fabricated and forged record when the vehicle had actually run only 4860 km and this fact was clearly mentioned by opposite party no.2 in its check in slip dated 16.05.2013 and charged R s.1584/- from the complainant illegally. However it was assured to the complainant that the alleged amount will be refunded to the complainant after rectifying the record. The complainant again approached the opposite party no.2 on 29.06.2013 after plying the vehicle 9946 km. for 2nd free service. But this time also opposite party No.2 charged Rs.2600/- from the complainant and did not give the benefit of free service for which complainant was entitled. Complainant requested the opposite parties to rectified the record and to refund the amount illegally charged from the complainant but to no effect. It is averred that the act of opposite parties is illegal and amounts to deficiency in service. As such it is prayed that the opposite parties may kindly be directed to pay the amount charged illegally for free services after rectification of the service record of the vehicle of the complainant, to take back the vehicle mentioned above and refund the amount as opposite parties are plying another vehicle under the same chassis No. and Engine No. and also to pay Rs.11000/- as litigation expenses to the complainant.
2. On notice opposite parties appeared and filed their separate written reply. Opposite party no.1 in its reply has submitted that as per the records maintained by the company on the information received from the concerned dealership, the vehicle in question has been sold on 4 January 2013 and not on December 2012. It is however relevant to point out here that answering opposite party i.e. company do not play any part in the sale of the vehicle as sale of vehicle is entirely a prerogative of the dealer. It is averred that complainant had approached the dealership on 16.05.2012 for 1st free service, however vehicle has been sold on 04.01.2013 then how can the complainant come for 1st service on 16.05.2012 prior to sale of vehicle as a matter of fact, complainant came for first service on 06.05.2013, be that as it may, the controversy of wrongly recording of kilometer reading, which has been corrected now. It is averred that the charges of 1st free service coupon have also been reimbursed to dealership but the same could not be returned as the complainant has not turned up despite many requests of OP No.2. It is averred that complainant came to opposite party no.2 on 29.06.2013 for 2nd free service for which dealership charged Rs.2600/- for consumables(engine oil and filters etc.) & free service coupon. The excess amount charged for both the services to the tune of Rs.900/- already stood refunded to complainant and the complainant can get his refund from the dealership. It is averred that no cause of action arose against the answering opposite party no.1 and as such dismissal of complaint has been sought.
3. Opposite party no.2 in its reply has submitted that due to technical fault and due to some virus in the computer system it happened but later on it was rectified and complainant was provided services as per service manual and amount charged from him was also refunded to him. It is incorrect that the opposite party no.2 has cheated the complainant or there is another vehicle with the same chassis no. is plying on the road. The record and fault has been rectified and amount has been refunded to the complainant. It is averred that the grievance of the complainant has been solved and there is no issue left between the parties so the present complaint may kindly be dismissed.
4. Both the parties led evidence in support of their case.
5. Ld. Counsel for the complainant in his evidence tendered affidavits Ex.CW1/A, documents Ex.C1 to Ex.C13 and has closed his evidence. On the other hand, ld. Counsel for the opposite party no.1 has tendered affidavit Ex.RW1/A and has closed his evidence. Ld. Counsel for the opposite party no.2 has tendered affidavit Ex.RW2/A, documents Ex.R1 to Ex.R2 and has closed his evidence.
6. We have heard ld. counsel for the parties and have gone through material aspects of the case very carefully.
7. In the present case it is admitted by the opposite party no.2 that due to some technical fault in the computer, wrong record regarding the kilometers was maintained. As per affidavit Ex.RW2/A it is also admitted that at the time of first and second service complainant was not in possession of service coupon but later on the payment was refunded to the complainant when he submitted the original coupon to the opposite party. On the other hand, contention of ld. Counsel for the complainant is that opposite party has charged Rs.2600/- on account of second free service and has only refunded the amount of Rs.900/- to the complainant and has sought the refund of remaining amount from the opposite parties.
8. After going through the file and hearing the parties it is observed that as per the 2nd Free Service coupon Ex.C5, receipt Ex.C7 and document Ex.C9 the opposite party has charged the amount of Rs.2600/- from the complainant whereas amount of Rs.900/- only has been refunded to the complainant as admitted by the opposite parties. In these circumstances, it is observed that complainant is entitled for the refund of remaining amount of Rs.1700/-(Rs.2600/- less Rs.900/-) from the opposite party No.2.
9. In view of the facts and circumstances of the case it is observed that opposite party No.2 shall refund the remaining amount of Rs.1700/-(Rupees one thousand seven hundred only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 22.08.2013 till its actual realization and shall also pay a sum of Rs.3500/-(Rupees three thousand five hundred only) as litigation expenses to the complainant within one month from the date of decision, failing which the awarded amount shall carry further interest @ 12% p.a. from the date of decision. Complaint is disposed of accordingly.
10. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
07.09.2016.
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Joginder Kumar Jakhar, President
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Komal Khanna, Member.
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Ved Pal, Member.
