Order-14.
Date-22/12/2015.
In this complaint Complainant Sukanta Dutta by filing this complaint has submitted that complainantintended to purchase one Second hand motor car Maruti Esteem bearing registration No. WB 38U 1313 for his family and being satisfied of ops’ version and dealing purchased the car on 05.02.2012 op is a registered dealer of Mahindra First Choice Wheel Ltd. that is op no.3 and fact remains that complainant purchased the car relying upon the brand image of op no.3 and also relying upon that the car was certified and based on which warranty card would also be given and for which complainant approached the op no.2 for the purchase of the said car and op no.2 received a sum of Rs. 1,15,000/- and Rs. 12,000/- for name transfer and in return op no.2 took all the required necessary documents from the complainant for the said purpose and before delivery of the car, op no.2 clearly specified in the delivery challan the work is still pending which shall be done by them and then only after they will hand over the fit certificate along with the changed name registration card.
But even after lapse of 4 months, complainant did not receive the required valid documents, nor the fit certificate, nor any kind of repairing work has been done by the ops in respect of the purchased car which has been lying in the garage of the complainant as unused and since then complainant sent so many emails and also made personal visits before the ops’ office but no fruitful result is turned up on the part of the ops and the grievance of the complainant has not been at all redressed by the ops and for such sort of unfair trade practice, ops adopted and complainant has been deceived by the ops by their negligent and deficient manner of service for not providing any services even after repeated reminder and also for neglected attitude of the ops, complainant has suffered much for which complainant has filed this complaint for redressal.
On the other hand op no.3 by filing this written statement has submitted that complainant who purchased the subject vehicle in February, 2015 and after purchasing kept the subject vehicle at its own garage due to non-availability of papers which is completely imaginary one and if actually complainant did not receive the same in that case for the necessary papers work and ought to have taken all the papers from the op nos. 1 & 2.However for complainant’s false and negative attitude even after purchase of so many months of the subject vehicle complainant could not receive the relevant documents from the op nos. 1 & 2.
Fact remains that op no.3 is limited to providing fitness certificate, warranty with certain terms and conditions which is limited to engine, gear box which is valid for 12 months from the date of purchase.But it is not the responsibility of the op no.3 to get the vehicles registered in the concerned RTO office and it is the job of the op nos. 1 & 2 to get the necessary registration.However in case there is a problem with the machines of the subject vehicle, then only the op no.3 can be held liable and that too if it is within the warranty period.However, no such allegations being levelled by the complainant in his instant complaint and it is pertinent to mention that just to include the op no.3, the complainant has falsely alleged that some work has to be completed post selling of the vehicle which is denied.
It is evident from the conduct of the complainant that he wants to get rid of the subject vehicle and it is further submitted that as per warranty terms and conditions, in case of a problem in the subject vehicle, the complainant was required to call to op no.3 for any warranty related issue and as per record op no.3 never received any such complaint from the complainant and so the complaint is mere eyewash and a desperate attempt to get rid of the subject vehicle to throw the op no.3 in litigation.In the above circumstances, the present complaint should be dismissed on the ground that the entire allegation is denied as it is false.
Even after service of the notices to the op nos. 1 & 2 they did not turn up for which the case is heard against them in exparte form or otherwise contested against other.
Decision with reasons
On overall evaluation of materials on record and also the documents as filed by the complainant, it is clear that M.A. Motors Pvt. Ltd. entered into agreement to sell the second hand car to the complainant with certain conditions Sl. No. 707 having Discussion Sheet cum Sales Process Control Sheet dated 16.01.2015 which was issued on behalf of M.A Motors Pvt. Ltd. and in the said agreement to sale it is specifically noted that registration certificate and free warranty period shall be given and no doubt complainant paid Rs. 1,15,000/- for price of car and Rs. 12,000/- towards registration and delivery date was not noted but op M.A. Motors Pvt. Ltd. intended to sell the second hand car bearing No. WB 38U 1313, Model No. Esteem VXI, Colour- Silver and the year 2007.
Thereafter delivery challan dated 05.02.2015 was issued on receipt of the entire amount. But it was noted that some work had not been done that is noise on wheel & body, pad change and side looking glass adjustment and other technical matters. But on that date the registration certificate was not delivered. But insurance policy was with cover note was handed over and copy of the registration certificate of the earlier one in the name of Sandip Roy was supplied. But even after receipt of Rs. 12,000/- op nos. 1 & 2 did not supply the transfer certificate of registration as yet and in this regard M.A. Motors Pvt. Ltd. op nos. 1 & 2 have not has yet filed any written statement and they have not challenged the allegation of the complainant.
Further the car had not been repaired as per delivery challan receipt and warranty period has not expired. But warranty in respect of the car is there from 31.01.2015 to 30.01.2016 but warranty coverage is for 12 months and till now the car is under warranty clause, but as per delivery challan repairing of the said car has yet not been done by the op no.3 and M.A. Motors Pvt. Ltd. issued a certificate on 16.01.2015 that 12 items should be repaired and that was issued on 16.01.2015 and it is noted that those works are pending but that has not been completed by op nos. 1 & 2.
So, apparently negligent and deficient manner of service on the part of the op nos. 1 & 2 is well proved and in respect of the repairing of the same as per warranty clause has not been done by the op nos. 1 &2 and invariably op no.3 is also legally bound to do that. But that has not been done. So, as per delivery challan and agreement to sale it is the legal duty of the ops to comply the pending works as per warranty clause when in respect of the said clause there is warranty up to 31.01.2016. Complainant repeatedly requested the ops to comply the same but that has not been done, invariably purposefully only to deceive the complainant and most interesting factor is that notices of the complaint were served upon the ops but only op no.3 appeared and it is the duty of ops to comply all the pending work in respect of said car which has been sold by op nos. 1 & 2. So, it is clear that they have admitted that pending work in respect of the said car has not been yet completed. So, negligent and deficient manner of service on the part of the op nos. 1 & 2 is well proved by op no.3 also.
At the same time it is proved that op nos. 1 & 2 received Rs. 12,000/- for transfer of registration but that has not been done. If it is not done, in that case the complainant as purchaser from op nos. 1 & 2 cannot run the vehicle and at the same time some defects of the car has not yet been cured by the ops for which the car is standing in the garage of the complainant and at the time of delivery about pending work, it is noted. Then it is the responsibility and legal liability on the part of the op nos. 1 & 2 to comply the same and to handover the transfer registration certificate in respect of the present vehicle bearing No. WB 38U 1313.
Fact remains that it is a second hand car but it was sold by the op nos. 1 & 2 on behalf of op no.3 with certain conditions and they assured to comply the said conditions for which complainant purchased it. But in this case for that purpose payment has been made that means ops are legally bound to perform those conditions as per sale agreement whether the vehicle is old or new one and that is not the criteria because at the time of sale of second hand car, there are certain conditions and ops assured him in writing and for which complainant paid that money. Then it is found that complainant hired such service from the ops but ops did not discharge their service even if same is hired by the complainant and for which in the present case the present complaint is maintainable for hiring service and as per agreement to sale, ops are legally bound to repair all those pending works in respect of the said car.
So, in the eye of law, it is legal duty of the ops to comply the pending works of the vehicle and to handover transfer registration certificate of the car in the name of the complainant immediately. But it is pending since 05.02.2015. But warranty of the vehicle will expire on 31.01.2016 but till today there is warranty clause is in existence.
Most interesting factor is that complainant repeatedly informed the ops to comply the same and to handover the transfer registration certificate. But that has not been done by the ops as yet even during continuation of the proceeding but op no.3 did not take any step to complete the same and to redress the complainant and that is ops negligence not to do that and by that act the complainant is being harassed. No doubt complainant has been harassed since 05.02.2015 and till today and no doubt such sort of act on the part of the ops is deficient and negligent manner of service and at the same time it is a deceitful manner of trade and for which complainant is entitled to get relief as prayed for.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest against op no.3 with cost of Rs. 5,000/- and same is also allowed against op nos. 1 & 2 in exparte form with cost of Rs. 5,000/- each.
Ops are jointly and severally are hereby directed to complete the pending repairing works of the said vehicle of the complainant which was purchased from the op nos. 1 & 2 being Vehicle No. WB 38U 1313 and to handover to transfer registration certificate of the vehicle in the name of the complainant within 60 days from the date of this order at their own cost and with the help of their own men and if ops jointly and severally fail to comply this order, in that case, after expiry of 60 days ops shall have to pay penal damages at the rate of Rs. 10,000/- per month till full satisfaction of the order of this Forum and if it is collected, it shall be deposited to this Forum.
For harassing the complainant for last one year and for not giving any chance to use the vehicle, ops shall have to compensate the complainant by paying a sum of Rs. 50,000/- for harassing the complainant for adopting unfair trade practice and also for adopting deceitful manner of trade and for deceiving the complainant in such a manner.
If ops fail to comply the order within the stipulated period, in that case ops shall have to refund the entire amount of Rs. 1,27,000/- along with interest at the rate of 10 percent p.a. interest w.e.f. 05.02.2015 till its full payment and ops shall have to take back the car from the possession of the complainant at their own cost and also shall have to pay Rs. 25,000/- as penal cost for adopting unfair trade practice and also for maintaining a deceitful manner of trade and to check their such sort of unfair trade practice and to save the customer in the market from the hands of such traders, this penal damages is imposed and same shall be deposited to this Forum within 30 days after expiry of 60 days from the date of this order. If ops failed to comply the order, in that case ops shall be prosecuted u/s 25 read with Section 27 of C.P. Act, 1986 for which further penalty and fine shall be imposed upon ops.
