Haryana

Karnal

254/2013

Pankaj Dhiman S/o Baldev Krishan Dhiman - Complainant(s)

Versus

Malwa Automobile Pvt. Ltd - Opp.Party(s)

Sh. Amish Goel

23 Oct 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.254 OF 2013

                                                               Date of instt. 28.5.2013

                                                               Date of decision:29 .10.2015

 

Pankaj Dhiman son of Sh.Baldev Krishan Dhiman r/o 58/2, Dogran Gate, Kaithal.

                                                   ……….Complainant.

                             Versus

 

1.Malwa Automobiles Pvt. Ltd. through its General Manager, GT Road, Karnal.

2.Tata Motors through its authorized officer, registered office at Bombay House, 24, Homi Mody Street, Mumbai Maharashtra – 400001.

                                                           ……… Opposite parties.

 

                     Complaint U/s  12  of the Consumer

                     Protection Act.

 

Before          Sh.K.C.Sharma………..President.

                     Smt.Shashi Sharma…..Member.   

                     Sh.Anil Sharma ………Member.

                  

 

 Present:       Sh.Amish Goel Advocate for the complainant.

                   Sh.C.J.Wadhwa Advocate for the OP No.1.

                   Sh.A.K.Vohra Advocate for the OP No.2.

 

ORDER:

 

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act, 1986, on the averments that he purchased one Indica Fista Car from OP no.1 on 6.7.2012.The said car was manufactured by OP no.2. Ops promised to pay exchange bonus of Rs.40,000/- at the time of purchase of the said vehicle but the OP no.1 made part payment of exchange bonus of Rs.15,000/- and promised to pay the balance amount of Rs.25000/- within one month from the date of purchase. However, the balance amount was not paid despite several requests. Ultimately,  he sent registered legal notice to  OP no.1 and  in reply thereto OP no.1 stated that the balance amount would be paid  as soon as possible but the amount was not paid and finally Ops refused to make the payment. In this way, there was deficiency in services on the part of Ops, which caused mental harassment to the complainant apart from financial loss.

 

2.                Notice of the complaint was given to the Ops. OP no.1  filed written statement controverting the claim of the complainant. Objections have been raised that the complaint is not maintainable in the present form; that the complainant has no loucs standi and cause of action to file the present complaint and that complaint is false,  frivolous and vexacious to the knowledge of the complainant.

                   On merits, it has been stated that as per statement of the accounts balance amount of Rs.23000/- was paid to the complainant on 26.8.2013 v ide cheque no.928963 drawn on Punjab National Chowk, Namaste Chowk, Karnal,  but the counsel for the complainant refused to receive the same. An amount of Rs.20,00/- was deducted as price of accessories out of the balance exchange bonus of Rs.25000/-. In this way, there was no liability on the part of OPno.1 and the complaint became infructuous. The factum of receiving notice and sending reply thereto have not been disputed. The other allegations made in the complaint have been denied.

3.                The OP no.2 filed separate written statement disputing the claim of the complainant. Objections have been raised that complaint is abuse of the process of law, that the complaint is not maintainable; that the complainant has suppressed the material facts from this Forum and that this Forum has no jurisdiction to entertain and decide the present complaint as the intricate questions of law and facts are involved.

                   On merits, it has been submitted that there is no relation between complainant and OP no.2 as the entire sale transaction of the vehicle in question was between complainant and OP no.1. The OPNo.2 being manufacturer of the vehicle had no role to play in the said controversy because the discount was assured by OP no.1 and not by OP No.2. Moreover, the OP No.2 could not be  held  vicariously liable for acts of OP No.1 because relationship between them is  principal to principal. The other allegations made in the complaint have been denied.

4.                In evidence of complainant, he filed his affidavit and documents Ex.C1 and Ex.C2.

5.                In evidence of Ops, affidavits of Sh.M.K.Vipindas and S.K.Malhotra Manager, Ex.O1 and Ex.OP1/A respectively and documents Ex.OP1/B to Ex.OP1/E have been tendered.

6.                We have heard the learned counsel for the parties and have gone through the case file very carefully.

7.                The parties are not at dispute that complainant had purchased one Indica Fista  car from Op no.1 on 6.7.2012 and he was assured exchange bonus of Rs.40,000/- but only an amount of Rs.15000/- was paid to him at that time. The dispute is with regard to the balance amount of Rs.25,000/-. As per the case of the complainant, the balance amount not was paid despite requested requests and sending legal notice. On the other hand, the OP No.2 submitted that after deducting the amount of Rs.2,000/-, as price of accessories,  the  cheque of balance amount of Rs.23000/- dated 26.8.2013 was tendered, but the  counsel for the complainant refused to receive the same. Thus, the OP is willing to make the payment of the balance amount of exchange bonus after deducting the amount of accessories supplied to the complainant.

8.                The learned counsel for the complainant argued that balance amount was not paid by the OP no.1 despite serving legal notice and the matter was lingered on one pretext or the other and the cheque of Rs.23000/- was tendered on behalf of OP  no.1 during the pendency of the complaint.  In this way, there was deficiency in service on the part of the OP no.1, therefore, complainant is entitled to get compensation for mental harassment apart from balance amount of exchange bonus.

9.                The learned counsel for the OP no.1 contended that OP no.1 never refused to make the payment of the balance amount of exchange bonus to the complainant. Some process was to be followed before release of the amount and after completion of that process, letter dated 14.8.2013 was issued to the complainant for collecting the balance exchange bonus, but the complainant did not turn up, therefore, cheque was tendered to him during the pendency of the complaint and that was refused by the counsel for the complainant. Thus, there was  no deficiency in services on the part of OP No.1, who is still willing to make the payment of the balance amount of exchange bonus.

10.               Copy of the reply to the notice submitted by the OP no.1 Ex.C2 shows that  claim for balance amount of exchange bonus was raised by OP no.1, but the amount was to be released by  TATA Motors Limited. The OP No.1 clarified that amount would be paid  as soon as possible and there was no intentional delay. However, the fact remains that complainant purchased the vehicle on 6.7.2012 and the balance amount of exchange bonus  was not paid to him for  a period of more than one year despite serving of legal notice.  The complainant was not concerned about the internal correspondence  between OP no.1 and OP no.2. His main concern was to get the balance amount of exchange bonus. The delay in payment of balance amount of exchange bonus  to the complainant   was deficiency in services on the part of OP No.1.  The complainant has not disputed about  getting  accessories of Rs.2000/- from OP no.1. Therefore, the OP No.1 has right to deduct that amount out of balance exchange bonus. Cheque was tendered by the OP No.1 on 26.8.2013, whereas the complainant  had purchased the vehicle on 6.7.2012 and he was entitled to get the said amount within a period of thirty days i.e. upto 6.8.2012, therefore, the complainant is entitled to get interest on the amount of Rs.23000/- w.e.f. 6.8.2012.

11.               As  a sequel to the foregoing discussion, we accept the present complaint and direct the OP no.1 to make the payment of Rs.23000/- to the complainant alongwith interest @ 9% per annum from 6.8.2013 till 26.8.2013.  The complainant shall also be entitled for a sum of Rs.5500/- for the mental agony and harassment caused to him and for the litigation expenses. The OP no.1 shall  make the compliance of this order within  a period of thirty days from the date of receipt of the copy of this order.  The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:29.10.2015                                                                             

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

 (Anil Sharma)       (Smt.Shashi Sharma)     

   Member.                             Member.

 

 

 

Present:        Sh.Amish Goel Advocate for the complainant.

                   Sh.C.J.Wadhwa Advocate for the OP No.1.

                   Sh.A.K.Vohra Advocate for the OP No.2.

 

 

                   Arguments heard. Vide our separate order of the even date, thepresent complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:29.10.2015                                                                             

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

 (Anil Sharma)       (Smt.Shashi Sharma)    

   Member.                             Member.