By Sri. MOHANDASAN.K, PRESIDENT
Case of the complainant is as follows:-
1. The complainant purchased a splendor plus black and accent edition motor cycle from the opposite party on 31/01/2022. The price of the bike was fixed as Rs.84, 218/-. The said amount includes show room price Rs. 70,450/-, road tax Rs. 7,045, registration fee 360, cess Rs.50, postal fee Rs.45, insurance expense Rs.5,718/- , road side assistant Rs.400/- and number plate frame Rs.150/-. The sales man of the opposite party called the complainant over telephone on 22/01/2022 and he assured the vehicle will be delivered without delay and on that assurance he paid an advance of Rs.5,000/-. Subsequently the complainant paid the entire balance amount Rs.79, 218/- on 25/01/2022. Thereafter the complainant received message for remittance of tax and thereby he came to know the vehicle has been registered on 26/01/2022. The opposite party informed that the vehicle will be delivered to the complainant on receipt of number plate and that can be done on 29/01/2022. The complainant called opposite party on 29/01/2022 and thereby informed that number plate not yet delivered and so assured delivery of vehicle on 31/01/2022. On 31/01/2022 till evening there was no response from the opposite party and thereby the complainant called to the opposite party and then it was assured delivery on the next day i.e. 01/02/2022. Then the complainant demanded delivery of the vehicle on the same day or to refund the amount paid to the opposite party. Then the opposite party disconnected the call and later called back the complainant and informed that the vehicle is ready for delivery. Accordingly the complainant along with his friend approached the opposite party and found vehicle was ready for delivery. But the complainant noted scratch over the number plate and the same was informed the opposite party. Then the response was that the delivery can be effected only on receipt of new number plate and for that the complainant has to leave the number plate with the opposite party. The complainant was highly need of vehicle and so he took delivery of vehicle. The complainant alleges the opposite party delivered a helmet which is not suitable to the complainant and the bill delivered to the complainant was only for Rs.70, 450/-. The complainant alleges the opposite party did not issue bill for payment amount of 84,218/-. The complainant submit that he had a motor bike which was already sold out and so he was highly need of a new vehicle and that is the reason for immediate delivery of new vehicle. On the next day of delivery the complainant could note certain scratches on various parts of the vehicle. He alleges the odometer of the vehicle became damaged within coverage of 73.5 kilometers. He took photographs of the defects and the same was sent to the opposite party. The opposite party demanded to produce vehicle for the repair. Then the complainant informed that he had availed road side assistance so the vehicle has to take to the showroom utilizing recovery van service and also demanded for a substitute vehicle for the repairing period. Accordingly the opposite party agreed to take back the vehicle from the residence of the complainant for the repair. But refused to provide another vehicle for his use. The complainant alleges there is deficiency in service on the side of opposite party and there by the complainant registered a complaint before National Consumer Help line but there was no response from the side of opposite party. The National Consumer help line advised the complainant to approach consumer disputes redress commission and thus filed the present complaint. The prayer of the complainant is to take back the vehicle from the residence of the complainant and to repair the vehicle and also provide another vehicle for his personal use. The complainant also pray for compensation and cost for the defective service from the side of opposite party and thereby caused mental agony, time loss and inconvenience.
2. On admission of the complaint notice was issued to the opposite party and on receipt of notice the opposite party entered appearance and filed version. The opposite party denied entire averments and allegations in the complaint.
3. The opposite party admitted that the complainant purchased a splendor plus black accent edition bike from the opposite party. On 25/01/2022 after receipt of cost of the vehicle the opposite party completed the registration process of the vehicle on 26/01/2022 itself and thereafter on receipt of number plate from the RTO office vehicle was delivered to the complainant on 31/01/2022. The complainant received the vehicle after proper verification and convincing that there is no any sort of defect to the vehicle. Thereafter two days the complainant called the opposite party and then the opposite party informed that on production of vehicle they are prepared to rectify the vehicle. But the complainant did not turn up to produce the vehicle and did not show the scratches to the opposite party. At the same time the complainant had taken the vehicle to other service centers as per records.
4. The demand of the complainant to provide another vehicle for his personal use during the repairing period is practically impossible. There is no vehicle is availed with opposite party to provide as demanded by the complainant. Then the demand of the complainant was to provide any other vehicle which is brought before the opposite party for service purpose. The opposite party further submitted that it is not the practice to bring a vehicle which is in running condition in a recovery van. There is no defect to the vehicle for riding. Hence, the opposite party alleged the complainant has got malicious intention.
5. The opposite party is ready and willing to rectify any defect of the vehicle if the complainant duly demanded for the same. But at present the complainant has taken the vehicle to other service centers and so the opposite party is not able to provide service as such, even then if the Commission direct to do so the opposite party is prepared to serve the complainant. There is no any sort of deficiency in service for lack of care from the side of opposite party. The complainant used vehicle for the last 6 months without any defect, which shows that the allegation of the complainant is of false. The complainant is not entitled for any remedy as prayed. The complainant totally failed to establish his grievance as per the complaint.
6. The complainant and opposite party produced affidavit and documents. The documents on the side of complainant marked as Ext. A1 to A19. Ext. A1 is copy of tax invoice dated 26/01/2022 issued by hero mark motors Angadippuram for Rs.70, 450/. Ext. A2 is copy of certificate of registration of vehicle no. KL 55 AE 8084. Ext. A3 is copy of insurance policy issued by Cholamandalam MS general insurance company limited Policy No. 3410/00809131/000/00 Valid from 26/01/2022 to 25/01/2027. Ext. A4 (series) is copy of bank receipt voucher for Rs.5, 000/- dated 22/01/2022. Ext. A5 is copy of print out of payment for Rs.79, 218/- dated 25/01/2022 in favor of mark motors with transaction ID 202517378543. Ext. A6 is photo copy of free service job card dated 09/03/2022. Ext. A7 is tax invoice for Rs.490/- issued by friends’ motors, Pattambi Road, Valanchery dated 07/03/2022. Ext. A8 is copy of tax invoice for Rs.513/- issued by friend’s motors Pattambi road, valanchery dated 10/06/2022. Ext. A9 is copy of CD, Ext. A10 is copy of tax invoice dated 17/09/2022 issued by friends motors Pattambi road, Valanchery for Rs.415/-. Ext. A11 tax invoice dated 22/11/2022 issued by friends motors Pattabmi road, Valanchery for Rs.419/-. Ext. A12 is copy of tax invoice dated 02/12/2022 nil rupees. Ext. A13 is tax invoice dated 11/02/2023 for Rs.1004/- Ext. A14 is copy of receipt issued by PMNA crane and recovery services dated 14/11/2022. Ext A15 is copy of photographs of the defective parts of the vehicle including number plate and rim of wheel. Ext. A16 is copy of employment certificate dated 03/01/2023 issued by AUP School Vadakkumpuram. Ext. A17 is copy of discharge bill dated 21/09/2022 for Rs.10, 647/-. Ext. A18 is copy of birth certificate issued by department of urban affairs/ Valanchery municipality of Muhamemd Hanan. N. Ext. A19 is copy of CD. Opposite party did not produce any document.
7. Heard complainant and opposite party, perused affidavit and documents. The following points arise for consideration:-
- Whether the vehicle has got defect as alleged?
- Whether there is deficiency in service on the part of the opposite party?
- Relief and cost?
8. Points No. 1 to 3
There is no dispute regarding the purchase of the vehicle from the opposite party. Grievance of the complainant is that there was delay for delivery of the vehicle and there was scratches over the number plate and also various parts of the vehicle. The complainant also alleged he paid for road side assistance which the opposite party did not provide. The complainant submitted the odometer was became defective within 73.5 kilometers of running of the vehicle.
9. In this complaint the complainant remitted the entire cost of the vehicle on 25/01/2022. It is admittedly vehicle was taken delivery on 31/01/2022. It is also evident that the vehicle was registered only on 26/01/2022. The assurance of the opposite party was to deliver the vehicle on 29/01/2022 on receipt of number plate from the RTO office. The case of the complainant itself is that he called the opposite party on 29/01/2022 and then the assurance was to delivery on 31/01/2022. On 31/01/2022 it was assured to deliver on the next day itself. But the complainant approached the opposite party on 31/01/2022 by evening itself and the vehicle was taken delivery. The complainant submitted that he had noted the scratches on the number plate and the same was brought to the notice of the officials of hero Honda. But at the same time he took delivery of the vehicle since he was too urgent to get service of vehicle for his personal use.
10. It can be seen that after delivery of the vehicle the complainant never turned to the opposite party to rectify the defect of scratches. But he called the opposite party and demanded to take back the vehicle with the use of recovery van since he had availed road side assistance. But the opposite party stated that the vehicle was without any defects to take back the vehicle with the use of recovery van. The complainant has not stated anywhere in the complaint that vehicle has got defect which cause not to take back to the service center without assistance of recovery van. The complainant produced Ext. A14 receipt for recovery crane and service used on 14/11/2022. But the alleged defect was noted by him on 01/02/2022 itself. So the recovery vehicle was used after 9 months of his alleged grievance. Hence on perusal of the documents, the complainant never approached the opposite party for the redresssal of grievance subsequent to the delivery of the vehicle. The complainant produced photographs to show the scratches caused to the number plate and also to the rim of wheel. It is pertinent to note that the vehicle was delivered to the complainant on 31/01/2022 and the opposite party had advised to take delivery of the vehicle on the next day. It is also pertinent to note that the number plate is provided by the RTO office itself and not by the opposite party. Hence it is not certain whether the scratch caused to the number plate was from the side of opposite party or RTO office itself. Any way it was the duty of the opposite party to rectify the scratches duly to the satisfaction of complainant, hence the opposite party advised to retain the number plate with them to get a new one from the RTO office. But the complainant was highly need of delivery of the vehicle on the same day and thus the opposite party could not provide the due service as demanded by the complainant. So the grievance if at all caused to the complainant is not due to the any will full act of the opposite party. Moreover the opposite party duly advised to produce the vehicle before them but the complainant insisted to take back vehicle by using recovery van. It can be seen that the approach of the complainant was not fair enough to demand the service of recovery van to take back the vehicle to the opposite party service center. Hence the Commission do not find sufficient reason to hold that the opposite party was deficient in providing service but the complainant did not provide opportunity to the opposite party for serving properly the complainant. More over the opposite party submitted that they are prepared to serve the complainant if the Commission pleases to order accordingly. The opposite party submitted that the complainant availed regular services from the outside service centers duly and so the submission is that the vehicle is not with any defect. It is also important to note that the complainant has not sated anywhere in the complaint that there were scratch to the rim of wheel as in the produced photographs. The specific case of complainant is that there was scratches on the number plate at the time of delivery of the vehicle itself. Hence what is required is only to rectify the scratches if at all available on the number plate of the vehicle of the complainant.
11. In the light of above facts and circumstances the commission direct the opposite party to rectify the defects of number plate at the cost of opposite party on production of number plate of the vehicle before the opposite party by the complainant. The opposite party is liable to bear the liability for the rectification of the same through the proper procedure and in case the complainant approach the opposite party for the same duly the complainant is also entitled cost of this proceedings of Rs.2,000/- from the opposite party. The complainant is not entitled for any other relief as prayed in the complaint. If the complainant is not produced the number palate before the opposite party within one month from the date of receipt of copy of this order it will be treated that the complainant waved any relief including the cost from the opposite party. The complaint partly allowed as stated above.
Dated this 27th day of February, 2024.
Mohandasan. K, President
PreethiSivaraman.C, Member
Mohamed Ismayil.C.V, Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 to A19
Ext.A1: Copy of tax invoice dated 26/01/2022 issued by hero mark motors
Angadippuram for Rs.70,450/-.
Ext.A2: Copy of certificate of registration vehicle No. KL 55 AE 8084.
Ext A3: Copy of insurance policy issued by Cholamandalam MS general insurance
company limited Policy No. 3410/00809131/000/00 Valid from 26/01/2022 to
25/01/2027.
Ext A4: (series) is copy of bank receipt voucher for Rs.5,000/- dated 22/01/2022.
Ext A5: Copy of print out of payment for Rs.79,218/- dated 25/01/2022 in favour of
mark motors with transaction ID 202517378543.
Ext.A6: Photo copy of free service job card dated 09/03/2022.
Ext.A7: Tax invoice for Rs.490/- issued by friends motors, Pattambi Road valanchery
dated 07/03/2022.
Ext.A8: Copy of tax invoice for Rs.513/- issued by friend’s motors Pattambi road
valanchery dated 10/06/2022.
Ext.A9: Copy of CD
Ext.A10: Copy of tax invoice dated 17/09/2022 issued by friends motors Pattambi
road valanchery for Rs.415/-.
Ext A11: Tax invoice dated 22/11/2022 issued by friends motors pattabmi road
Valanchery for Rs.419/-.
Ext.A12: Copy of tax invoice dated 02/12/2022 nil rupees.
Ext A13: Tax invoice dated 11/02/2023 for Rs.1,004/-
Ext.A14: Copy of receipt issued by PMNA crane and recovery services dated
14/11/2022.
Ext.A15: Copy of photographs of the defective parts of the vehicle including number
plate and rim of wheel.
Ext.A16: Copy of employment certificate dated 03/01/2023 issued by AUP School
Vadakkumpuram.
Ext.A17: Copy of discharge bill dated 21/09/2022 for Rs.10,647/-.
Ext.A18; Copy of birth certificate issued by department of urban affairs/ Valanchery
municipality of Muhamemd Hanan . N.
Ext.A19: Copy of CD.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan. K, President
PreethiSivaraman.C, Member
Mohamed Ismayil.C.V, Member
By Sri. MOHANDASAN.K, PRESIDENT
Case of the complainant is as follows:-
1. The complainant purchased a splendor plus black and accent edition motor cycle from the opposite party on 31/01/2022. The price of the bike was fixed as Rs.84, 218/-. The said amount includes show room price Rs. 70,450/-, road tax Rs. 7,045, registration fee 360, cess Rs.50, postal fee Rs.45, insurance expense Rs.5,718/- , road side assistant Rs.400/- and number plate frame Rs.150/-. The sales man of the opposite party called the complainant over telephone on 22/01/2022 and he assured the vehicle will be delivered without delay and on that assurance he paid an advance of Rs.5,000/-. Subsequently the complainant paid the entire balance amount Rs.79, 218/- on 25/01/2022. Thereafter the complainant received message for remittance of tax and thereby he came to know the vehicle has been registered on 26/01/2022. The opposite party informed that the vehicle will be delivered to the complainant on receipt of number plate and that can be done on 29/01/2022. The complainant called opposite party on 29/01/2022 and thereby informed that number plate not yet delivered and so assured delivery of vehicle on 31/01/2022. On 31/01/2022 till evening there was no response from the opposite party and thereby the complainant called to the opposite party and then it was assured delivery on the next day i.e. 01/02/2022. Then the complainant demanded delivery of the vehicle on the same day or to refund the amount paid to the opposite party. Then the opposite party disconnected the call and later called back the complainant and informed that the vehicle is ready for delivery. Accordingly the complainant along with his friend approached the opposite party and found vehicle was ready for delivery. But the complainant noted scratch over the number plate and the same was informed the opposite party. Then the response was that the delivery can be effected only on receipt of new number plate and for that the complainant has to leave the number plate with the opposite party. The complainant was highly need of vehicle and so he took delivery of vehicle. The complainant alleges the opposite party delivered a helmet which is not suitable to the complainant and the bill delivered to the complainant was only for Rs.70, 450/-. The complainant alleges the opposite party did not issue bill for payment amount of 84,218/-. The complainant submit that he had a motor bike which was already sold out and so he was highly need of a new vehicle and that is the reason for immediate delivery of new vehicle. On the next day of delivery the complainant could note certain scratches on various parts of the vehicle. He alleges the odometer of the vehicle became damaged within coverage of 73.5 kilometers. He took photographs of the defects and the same was sent to the opposite party. The opposite party demanded to produce vehicle for the repair. Then the complainant informed that he had availed road side assistance so the vehicle has to take to the showroom utilizing recovery van service and also demanded for a substitute vehicle for the repairing period. Accordingly the opposite party agreed to take back the vehicle from the residence of the complainant for the repair. But refused to provide another vehicle for his use. The complainant alleges there is deficiency in service on the side of opposite party and there by the complainant registered a complaint before National Consumer Help line but there was no response from the side of opposite party. The National Consumer help line advised the complainant to approach consumer disputes redress commission and thus filed the present complaint. The prayer of the complainant is to take back the vehicle from the residence of the complainant and to repair the vehicle and also provide another vehicle for his personal use. The complainant also pray for compensation and cost for the defective service from the side of opposite party and thereby caused mental agony, time loss and inconvenience.
2. On admission of the complaint notice was issued to the opposite party and on receipt of notice the opposite party entered appearance and filed version. The opposite party denied entire averments and allegations in the complaint.
3. The opposite party admitted that the complainant purchased a splendor plus black accent edition bike from the opposite party. On 25/01/2022 after receipt of cost of the vehicle the opposite party completed the registration process of the vehicle on 26/01/2022 itself and thereafter on receipt of number plate from the RTO office vehicle was delivered to the complainant on 31/01/2022. The complainant received the vehicle after proper verification and convincing that there is no any sort of defect to the vehicle. Thereafter two days the complainant called the opposite party and then the opposite party informed that on production of vehicle they are prepared to rectify the vehicle. But the complainant did not turn up to produce the vehicle and did not show the scratches to the opposite party. At the same time the complainant had taken the vehicle to other service centers as per records.
4. The demand of the complainant to provide another vehicle for his personal use during the repairing period is practically impossible. There is no vehicle is availed with opposite party to provide as demanded by the complainant. Then the demand of the complainant was to provide any other vehicle which is brought before the opposite party for service purpose. The opposite party further submitted that it is not the practice to bring a vehicle which is in running condition in a recovery van. There is no defect to the vehicle for riding. Hence, the opposite party alleged the complainant has got malicious intention.
5. The opposite party is ready and willing to rectify any defect of the vehicle if the complainant duly demanded for the same. But at present the complainant has taken the vehicle to other service centers and so the opposite party is not able to provide service as such, even then if the Commission direct to do so the opposite party is prepared to serve the complainant. There is no any sort of deficiency in service for lack of care from the side of opposite party. The complainant used vehicle for the last 6 months without any defect, which shows that the allegation of the complainant is of false. The complainant is not entitled for any remedy as prayed. The complainant totally failed to establish his grievance as per the complaint.
6. The complainant and opposite party produced affidavit and documents. The documents on the side of complainant marked as Ext. A1 to A19. Ext. A1 is copy of tax invoice dated 26/01/2022 issued by hero mark motors Angadippuram for Rs.70, 450/. Ext. A2 is copy of certificate of registration of vehicle no. KL 55 AE 8084. Ext. A3 is copy of insurance policy issued by Cholamandalam MS general insurance company limited Policy No. 3410/00809131/000/00 Valid from 26/01/2022 to 25/01/2027. Ext. A4 (series) is copy of bank receipt voucher for Rs.5, 000/- dated 22/01/2022. Ext. A5 is copy of print out of payment for Rs.79, 218/- dated 25/01/2022 in favor of mark motors with transaction ID 202517378543. Ext. A6 is photo copy of free service job card dated 09/03/2022. Ext. A7 is tax invoice for Rs.490/- issued by friends’ motors, Pattambi Road, Valanchery dated 07/03/2022. Ext. A8 is copy of tax invoice for Rs.513/- issued by friend’s motors Pattambi road, valanchery dated 10/06/2022. Ext. A9 is copy of CD, Ext. A10 is copy of tax invoice dated 17/09/2022 issued by friends motors Pattambi road, Valanchery for Rs.415/-. Ext. A11 tax invoice dated 22/11/2022 issued by friends motors Pattabmi road, Valanchery for Rs.419/-. Ext. A12 is copy of tax invoice dated 02/12/2022 nil rupees. Ext. A13 is tax invoice dated 11/02/2023 for Rs.1004/- Ext. A14 is copy of receipt issued by PMNA crane and recovery services dated 14/11/2022. Ext A15 is copy of photographs of the defective parts of the vehicle including number plate and rim of wheel. Ext. A16 is copy of employment certificate dated 03/01/2023 issued by AUP School Vadakkumpuram. Ext. A17 is copy of discharge bill dated 21/09/2022 for Rs.10, 647/-. Ext. A18 is copy of birth certificate issued by department of urban affairs/ Valanchery municipality of Muhamemd Hanan. N. Ext. A19 is copy of CD. Opposite party did not produce any document.
7. Heard complainant and opposite party, perused affidavit and documents. The following points arise for consideration:-
- Whether the vehicle has got defect as alleged?
- Whether there is deficiency in service on the part of the opposite party?
- Relief and cost?
8. Points No. 1 to 3
There is no dispute regarding the purchase of the vehicle from the opposite party. Grievance of the complainant is that there was delay for delivery of the vehicle and there was scratches over the number plate and also various parts of the vehicle. The complainant also alleged he paid for road side assistance which the opposite party did not provide. The complainant submitted the odometer was became defective within 73.5 kilometers of running of the vehicle.
9. In this complaint the complainant remitted the entire cost of the vehicle on 25/01/2022. It is admittedly vehicle was taken delivery on 31/01/2022. It is also evident that the vehicle was registered only on 26/01/2022. The assurance of the opposite party was to deliver the vehicle on 29/01/2022 on receipt of number plate from the RTO office. The case of the complainant itself is that he called the opposite party on 29/01/2022 and then the assurance was to delivery on 31/01/2022. On 31/01/2022 it was assured to deliver on the next day itself. But the complainant approached the opposite party on 31/01/2022 by evening itself and the vehicle was taken delivery. The complainant submitted that he had noted the scratches on the number plate and the same was brought to the notice of the officials of hero Honda. But at the same time he took delivery of the vehicle since he was too urgent to get service of vehicle for his personal use.
10. It can be seen that after delivery of the vehicle the complainant never turned to the opposite party to rectify the defect of scratches. But he called the opposite party and demanded to take back the vehicle with the use of recovery van since he had availed road side assistance. But the opposite party stated that the vehicle was without any defects to take back the vehicle with the use of recovery van. The complainant has not stated anywhere in the complaint that vehicle has got defect which cause not to take back to the service center without assistance of recovery van. The complainant produced Ext. A14 receipt for recovery crane and service used on 14/11/2022. But the alleged defect was noted by him on 01/02/2022 itself. So the recovery vehicle was used after 9 months of his alleged grievance. Hence on perusal of the documents, the complainant never approached the opposite party for the redresssal of grievance subsequent to the delivery of the vehicle. The complainant produced photographs to show the scratches caused to the number plate and also to the rim of wheel. It is pertinent to note that the vehicle was delivered to the complainant on 31/01/2022 and the opposite party had advised to take delivery of the vehicle on the next day. It is also pertinent to note that the number plate is provided by the RTO office itself and not by the opposite party. Hence it is not certain whether the scratch caused to the number plate was from the side of opposite party or RTO office itself. Any way it was the duty of the opposite party to rectify the scratches duly to the satisfaction of complainant, hence the opposite party advised to retain the number plate with them to get a new one from the RTO office. But the complainant was highly need of delivery of the vehicle on the same day and thus the opposite party could not provide the due service as demanded by the complainant. So the grievance if at all caused to the complainant is not due to the any will full act of the opposite party. Moreover the opposite party duly advised to produce the vehicle before them but the complainant insisted to take back vehicle by using recovery van. It can be seen that the approach of the complainant was not fair enough to demand the service of recovery van to take back the vehicle to the opposite party service center. Hence the Commission do not find sufficient reason to hold that the opposite party was deficient in providing service but the complainant did not provide opportunity to the opposite party for serving properly the complainant. More over the opposite party submitted that they are prepared to serve the complainant if the Commission pleases to order accordingly. The opposite party submitted that the complainant availed regular services from the outside service centers duly and so the submission is that the vehicle is not with any defect. It is also important to note that the complainant has not sated anywhere in the complaint that there were scratch to the rim of wheel as in the produced photographs. The specific case of complainant is that there was scratches on the number plate at the time of delivery of the vehicle itself. Hence what is required is only to rectify the scratches if at all available on the number plate of the vehicle of the complainant.
11. In the light of above facts and circumstances the commission direct the opposite party to rectify the defects of number plate at the cost of opposite party on production of number plate of the vehicle before the opposite party by the complainant. The opposite party is liable to bear the liability for the rectification of the same through the proper procedure and in case the complainant approach the opposite party for the same duly the complainant is also entitled cost of this proceedings of Rs.2,000/- from the opposite party. The complainant is not entitled for any other relief as prayed in the complaint. If the complainant is not produced the number palate before the opposite party within one month from the date of receipt of copy of this order it will be treated that the complainant waved any relief including the cost from the opposite party. The complaint partly allowed as stated above.
Dated this 27th day of February, 2024.
Mohandasan. K, President
PreethiSivaraman.C, Member
Mohamed Ismayil.C.V, Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 to A19
Ext.A1: Copy of tax invoice dated 26/01/2022 issued by hero mark motors
Angadippuram for Rs.70,450/-.
Ext.A2: Copy of certificate of registration vehicle No. KL 55 AE 8084.
Ext A3: Copy of insurance policy issued by Cholamandalam MS general insurance
company limited Policy No. 3410/00809131/000/00 Valid from 26/01/2022 to
25/01/2027.
Ext A4: (series) is copy of bank receipt voucher for Rs.5,000/- dated 22/01/2022.
Ext A5: Copy of print out of payment for Rs.79,218/- dated 25/01/2022 in favour of
mark motors with transaction ID 202517378543.
Ext.A6: Photo copy of free service job card dated 09/03/2022.
Ext.A7: Tax invoice for Rs.490/- issued by friends motors, Pattambi Road valanchery
dated 07/03/2022.
Ext.A8: Copy of tax invoice for Rs.513/- issued by friend’s motors Pattambi road
valanchery dated 10/06/2022.
Ext.A9: Copy of CD
Ext.A10: Copy of tax invoice dated 17/09/2022 issued by friends motors Pattambi
road valanchery for Rs.415/-.
Ext A11: Tax invoice dated 22/11/2022 issued by friends motors pattabmi road
Valanchery for Rs.419/-.
Ext.A12: Copy of tax invoice dated 02/12/2022 nil rupees.
Ext A13: Tax invoice dated 11/02/2023 for Rs.1,004/-
Ext.A14: Copy of receipt issued by PMNA crane and recovery services dated
14/11/2022.
Ext.A15: Copy of photographs of the defective parts of the vehicle including number
plate and rim of wheel.
Ext.A16: Copy of employment certificate dated 03/01/2023 issued by AUP School
Vadakkumpuram.
Ext.A17: Copy of discharge bill dated 21/09/2022 for Rs.10,647/-.
Ext.A18; Copy of birth certificate issued by department of urban affairs/ Valanchery
municipality of Muhamemd Hanan . N.
Ext.A19: Copy of CD.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan. K, President
PreethiSivaraman.C, Member
Mohamed Ismayil.C.V, Member
By Sri. MOHANDASAN.K, PRESIDENT
Case of the complainant is as follows:-
1. The complainant purchased a splendor plus black and accent edition motor cycle from the opposite party on 31/01/2022. The price of the bike was fixed as Rs.84, 218/-. The said amount includes show room price Rs. 70,450/-, road tax Rs. 7,045, registration fee 360, cess Rs.50, postal fee Rs.45, insurance expense Rs.5,718/- , road side assistant Rs.400/- and number plate frame Rs.150/-. The sales man of the opposite party called the complainant over telephone on 22/01/2022 and he assured the vehicle will be delivered without delay and on that assurance he paid an advance of Rs.5,000/-. Subsequently the complainant paid the entire balance amount Rs.79, 218/- on 25/01/2022. Thereafter the complainant received message for remittance of tax and thereby he came to know the vehicle has been registered on 26/01/2022. The opposite party informed that the vehicle will be delivered to the complainant on receipt of number plate and that can be done on 29/01/2022. The complainant called opposite party on 29/01/2022 and thereby informed that number plate not yet delivered and so assured delivery of vehicle on 31/01/2022. On 31/01/2022 till evening there was no response from the opposite party and thereby the complainant called to the opposite party and then it was assured delivery on the next day i.e. 01/02/2022. Then the complainant demanded delivery of the vehicle on the same day or to refund the amount paid to the opposite party. Then the opposite party disconnected the call and later called back the complainant and informed that the vehicle is ready for delivery. Accordingly the complainant along with his friend approached the opposite party and found vehicle was ready for delivery. But the complainant noted scratch over the number plate and the same was informed the opposite party. Then the response was that the delivery can be effected only on receipt of new number plate and for that the complainant has to leave the number plate with the opposite party. The complainant was highly need of vehicle and so he took delivery of vehicle. The complainant alleges the opposite party delivered a helmet which is not suitable to the complainant and the bill delivered to the complainant was only for Rs.70, 450/-. The complainant alleges the opposite party did not issue bill for payment amount of 84,218/-. The complainant submit that he had a motor bike which was already sold out and so he was highly need of a new vehicle and that is the reason for immediate delivery of new vehicle. On the next day of delivery the complainant could note certain scratches on various parts of the vehicle. He alleges the odometer of the vehicle became damaged within coverage of 73.5 kilometers. He took photographs of the defects and the same was sent to the opposite party. The opposite party demanded to produce vehicle for the repair. Then the complainant informed that he had availed road side assistance so the vehicle has to take to the showroom utilizing recovery van service and also demanded for a substitute vehicle for the repairing period. Accordingly the opposite party agreed to take back the vehicle from the residence of the complainant for the repair. But refused to provide another vehicle for his use. The complainant alleges there is deficiency in service on the side of opposite party and there by the complainant registered a complaint before National Consumer Help line but there was no response from the side of opposite party. The National Consumer help line advised the complainant to approach consumer disputes redress commission and thus filed the present complaint. The prayer of the complainant is to take back the vehicle from the residence of the complainant and to repair the vehicle and also provide another vehicle for his personal use. The complainant also pray for compensation and cost for the defective service from the side of opposite party and thereby caused mental agony, time loss and inconvenience.
2. On admission of the complaint notice was issued to the opposite party and on receipt of notice the opposite party entered appearance and filed version. The opposite party denied entire averments and allegations in the complaint.
3. The opposite party admitted that the complainant purchased a splendor plus black accent edition bike from the opposite party. On 25/01/2022 after receipt of cost of the vehicle the opposite party completed the registration process of the vehicle on 26/01/2022 itself and thereafter on receipt of number plate from the RTO office vehicle was delivered to the complainant on 31/01/2022. The complainant received the vehicle after proper verification and convincing that there is no any sort of defect to the vehicle. Thereafter two days the complainant called the opposite party and then the opposite party informed that on production of vehicle they are prepared to rectify the vehicle. But the complainant did not turn up to produce the vehicle and did not show the scratches to the opposite party. At the same time the complainant had taken the vehicle to other service centers as per records.
4. The demand of the complainant to provide another vehicle for his personal use during the repairing period is practically impossible. There is no vehicle is availed with opposite party to provide as demanded by the complainant. Then the demand of the complainant was to provide any other vehicle which is brought before the opposite party for service purpose. The opposite party further submitted that it is not the practice to bring a vehicle which is in running condition in a recovery van. There is no defect to the vehicle for riding. Hence, the opposite party alleged the complainant has got malicious intention.
5. The opposite party is ready and willing to rectify any defect of the vehicle if the complainant duly demanded for the same. But at present the complainant has taken the vehicle to other service centers and so the opposite party is not able to provide service as such, even then if the Commission direct to do so the opposite party is prepared to serve the complainant. There is no any sort of deficiency in service for lack of care from the side of opposite party. The complainant used vehicle for the last 6 months without any defect, which shows that the allegation of the complainant is of false. The complainant is not entitled for any remedy as prayed. The complainant totally failed to establish his grievance as per the complaint.
6. The complainant and opposite party produced affidavit and documents. The documents on the side of complainant marked as Ext. A1 to A19. Ext. A1 is copy of tax invoice dated 26/01/2022 issued by hero mark motors Angadippuram for Rs.70, 450/. Ext. A2 is copy of certificate of registration of vehicle no. KL 55 AE 8084. Ext. A3 is copy of insurance policy issued by Cholamandalam MS general insurance company limited Policy No. 3410/00809131/000/00 Valid from 26/01/2022 to 25/01/2027. Ext. A4 (series) is copy of bank receipt voucher for Rs.5, 000/- dated 22/01/2022. Ext. A5 is copy of print out of payment for Rs.79, 218/- dated 25/01/2022 in favor of mark motors with transaction ID 202517378543. Ext. A6 is photo copy of free service job card dated 09/03/2022. Ext. A7 is tax invoice for Rs.490/- issued by friends’ motors, Pattambi Road, Valanchery dated 07/03/2022. Ext. A8 is copy of tax invoice for Rs.513/- issued by friend’s motors Pattambi road, valanchery dated 10/06/2022. Ext. A9 is copy of CD, Ext. A10 is copy of tax invoice dated 17/09/2022 issued by friends motors Pattambi road, Valanchery for Rs.415/-. Ext. A11 tax invoice dated 22/11/2022 issued by friends motors Pattabmi road, Valanchery for Rs.419/-. Ext. A12 is copy of tax invoice dated 02/12/2022 nil rupees. Ext. A13 is tax invoice dated 11/02/2023 for Rs.1004/- Ext. A14 is copy of receipt issued by PMNA crane and recovery services dated 14/11/2022. Ext A15 is copy of photographs of the defective parts of the vehicle including number plate and rim of wheel. Ext. A16 is copy of employment certificate dated 03/01/2023 issued by AUP School Vadakkumpuram. Ext. A17 is copy of discharge bill dated 21/09/2022 for Rs.10, 647/-. Ext. A18 is copy of birth certificate issued by department of urban affairs/ Valanchery municipality of Muhamemd Hanan. N. Ext. A19 is copy of CD. Opposite party did not produce any document.
7. Heard complainant and opposite party, perused affidavit and documents. The following points arise for consideration:-
- Whether the vehicle has got defect as alleged?
- Whether there is deficiency in service on the part of the opposite party?
- Relief and cost?
8. Points No. 1 to 3
There is no dispute regarding the purchase of the vehicle from the opposite party. Grievance of the complainant is that there was delay for delivery of the vehicle and there was scratches over the number plate and also various parts of the vehicle. The complainant also alleged he paid for road side assistance which the opposite party did not provide. The complainant submitted the odometer was became defective within 73.5 kilometers of running of the vehicle.
9. In this complaint the complainant remitted the entire cost of the vehicle on 25/01/2022. It is admittedly vehicle was taken delivery on 31/01/2022. It is also evident that the vehicle was registered only on 26/01/2022. The assurance of the opposite party was to deliver the vehicle on 29/01/2022 on receipt of number plate from the RTO office. The case of the complainant itself is that he called the opposite party on 29/01/2022 and then the assurance was to delivery on 31/01/2022. On 31/01/2022 it was assured to deliver on the next day itself. But the complainant approached the opposite party on 31/01/2022 by evening itself and the vehicle was taken delivery. The complainant submitted that he had noted the scratches on the number plate and the same was brought to the notice of the officials of hero Honda. But at the same time he took delivery of the vehicle since he was too urgent to get service of vehicle for his personal use.
10. It can be seen that after delivery of the vehicle the complainant never turned to the opposite party to rectify the defect of scratches. But he called the opposite party and demanded to take back the vehicle with the use of recovery van since he had availed road side assistance. But the opposite party stated that the vehicle was without any defects to take back the vehicle with the use of recovery van. The complainant has not stated anywhere in the complaint that vehicle has got defect which cause not to take back to the service center without assistance of recovery van. The complainant produced Ext. A14 receipt for recovery crane and service used on 14/11/2022. But the alleged defect was noted by him on 01/02/2022 itself. So the recovery vehicle was used after 9 months of his alleged grievance. Hence on perusal of the documents, the complainant never approached the opposite party for the redresssal of grievance subsequent to the delivery of the vehicle. The complainant produced photographs to show the scratches caused to the number plate and also to the rim of wheel. It is pertinent to note that the vehicle was delivered to the complainant on 31/01/2022 and the opposite party had advised to take delivery of the vehicle on the next day. It is also pertinent to note that the number plate is provided by the RTO office itself and not by the opposite party. Hence it is not certain whether the scratch caused to the number plate was from the side of opposite party or RTO office itself. Any way it was the duty of the opposite party to rectify the scratches duly to the satisfaction of complainant, hence the opposite party advised to retain the number plate with them to get a new one from the RTO office. But the complainant was highly need of delivery of the vehicle on the same day and thus the opposite party could not provide the due service as demanded by the complainant. So the grievance if at all caused to the complainant is not due to the any will full act of the opposite party. Moreover the opposite party duly advised to produce the vehicle before them but the complainant insisted to take back vehicle by using recovery van. It can be seen that the approach of the complainant was not fair enough to demand the service of recovery van to take back the vehicle to the opposite party service center. Hence the Commission do not find sufficient reason to hold that the opposite party was deficient in providing service but the complainant did not provide opportunity to the opposite party for serving properly the complainant. More over the opposite party submitted that they are prepared to serve the complainant if the Commission pleases to order accordingly. The opposite party submitted that the complainant availed regular services from the outside service centers duly and so the submission is that the vehicle is not with any defect. It is also important to note that the complainant has not sated anywhere in the complaint that there were scratch to the rim of wheel as in the produced photographs. The specific case of complainant is that there was scratches on the number plate at the time of delivery of the vehicle itself. Hence what is required is only to rectify the scratches if at all available on the number plate of the vehicle of the complainant.
11. In the light of above facts and circumstances the commission direct the opposite party to rectify the defects of number plate at the cost of opposite party on production of number plate of the vehicle before the opposite party by the complainant. The opposite party is liable to bear the liability for the rectification of the same through the proper procedure and in case the complainant approach the opposite party for the same duly the complainant is also entitled cost of this proceedings of Rs.2,000/- from the opposite party. The complainant is not entitled for any other relief as prayed in the complaint. If the complainant is not produced the number palate before the opposite party within one month from the date of receipt of copy of this order it will be treated that the complainant waved any relief including the cost from the opposite party. The complaint partly allowed as stated above.
Dated this 27th day of February, 2024.
Mohandasan. K, President
PreethiSivaraman.C, Member
Mohamed Ismayil.C.V, Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 to A19
Ext.A1: Copy of tax invoice dated 26/01/2022 issued by hero mark motors
Angadippuram for Rs.70,450/-.
Ext.A2: Copy of certificate of registration vehicle No. KL 55 AE 8084.
Ext A3: Copy of insurance policy issued by Cholamandalam MS general insurance
company limited Policy No. 3410/00809131/000/00 Valid from 26/01/2022 to
25/01/2027.
Ext A4: (series) is copy of bank receipt voucher for Rs.5,000/- dated 22/01/2022.
Ext A5: Copy of print out of payment for Rs.79,218/- dated 25/01/2022 in favour of
mark motors with transaction ID 202517378543.
Ext.A6: Photo copy of free service job card dated 09/03/2022.
Ext.A7: Tax invoice for Rs.490/- issued by friends motors, Pattambi Road valanchery
dated 07/03/2022.
Ext.A8: Copy of tax invoice for Rs.513/- issued by friend’s motors Pattambi road
valanchery dated 10/06/2022.
Ext.A9: Copy of CD
Ext.A10: Copy of tax invoice dated 17/09/2022 issued by friends motors Pattambi
road valanchery for Rs.415/-.
Ext A11: Tax invoice dated 22/11/2022 issued by friends motors pattabmi road
Valanchery for Rs.419/-.
Ext.A12: Copy of tax invoice dated 02/12/2022 nil rupees.
Ext A13: Tax invoice dated 11/02/2023 for Rs.1,004/-
Ext.A14: Copy of receipt issued by PMNA crane and recovery services dated
14/11/2022.
Ext.A15: Copy of photographs of the defective parts of the vehicle including number
plate and rim of wheel.
Ext.A16: Copy of employment certificate dated 03/01/2023 issued by AUP School
Vadakkumpuram.
Ext.A17: Copy of discharge bill dated 21/09/2022 for Rs.10,647/-.
Ext.A18; Copy of birth certificate issued by department of urban affairs/ Valanchery
municipality of Muhamemd Hanan . N.
Ext.A19: Copy of CD.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan. K, President
PreethiSivaraman.C, Member
Mohamed Ismayil.C.V, Member
By Sri. MOHANDASAN.K, PRESIDENT
Case of the complainant is as follows:-
1. The complainant purchased a splendor plus black and accent edition motor cycle from the opposite party on 31/01/2022. The price of the bike was fixed as Rs.84, 218/-. The said amount includes show room price Rs. 70,450/-, road tax Rs. 7,045, registration fee 360, cess Rs.50, postal fee Rs.45, insurance expense Rs.5,718/- , road side assistant Rs.400/- and number plate frame Rs.150/-. The sales man of the opposite party called the complainant over telephone on 22/01/2022 and he assured the vehicle will be delivered without delay and on that assurance he paid an advance of Rs.5,000/-. Subsequently the complainant paid the entire balance amount Rs.79, 218/- on 25/01/2022. Thereafter the complainant received message for remittance of tax and thereby he came to know the vehicle has been registered on 26/01/2022. The opposite party informed that the vehicle will be delivered to the complainant on receipt of number plate and that can be done on 29/01/2022. The complainant called opposite party on 29/01/2022 and thereby informed that number plate not yet delivered and so assured delivery of vehicle on 31/01/2022. On 31/01/2022 till evening there was no response from the opposite party and thereby the complainant called to the opposite party and then it was assured delivery on the next day i.e. 01/02/2022. Then the complainant demanded delivery of the vehicle on the same day or to refund the amount paid to the opposite party. Then the opposite party disconnected the call and later called back the complainant and informed that the vehicle is ready for delivery. Accordingly the complainant along with his friend approached the opposite party and found vehicle was ready for delivery. But the complainant noted scratch over the number plate and the same was informed the opposite party. Then the response was that the delivery can be effected only on receipt of new number plate and for that the complainant has to leave the number plate with the opposite party. The complainant was highly need of vehicle and so he took delivery of vehicle. The complainant alleges the opposite party delivered a helmet which is not suitable to the complainant and the bill delivered to the complainant was only for Rs.70, 450/-. The complainant alleges the opposite party did not issue bill for payment amount of 84,218/-. The complainant submit that he had a motor bike which was already sold out and so he was highly need of a new vehicle and that is the reason for immediate delivery of new vehicle. On the next day of delivery the complainant could note certain scratches on various parts of the vehicle. He alleges the odometer of the vehicle became damaged within coverage of 73.5 kilometers. He took photographs of the defects and the same was sent to the opposite party. The opposite party demanded to produce vehicle for the repair. Then the complainant informed that he had availed road side assistance so the vehicle has to take to the showroom utilizing recovery van service and also demanded for a substitute vehicle for the repairing period. Accordingly the opposite party agreed to take back the vehicle from the residence of the complainant for the repair. But refused to provide another vehicle for his use. The complainant alleges there is deficiency in service on the side of opposite party and there by the complainant registered a complaint before National Consumer Help line but there was no response from the side of opposite party. The National Consumer help line advised the complainant to approach consumer disputes redress commission and thus filed the present complaint. The prayer of the complainant is to take back the vehicle from the residence of the complainant and to repair the vehicle and also provide another vehicle for his personal use. The complainant also pray for compensation and cost for the defective service from the side of opposite party and thereby caused mental agony, time loss and inconvenience.
2. On admission of the complaint notice was issued to the opposite party and on receipt of notice the opposite party entered appearance and filed version. The opposite party denied entire averments and allegations in the complaint.
3. The opposite party admitted that the complainant purchased a splendor plus black accent edition bike from the opposite party. On 25/01/2022 after receipt of cost of the vehicle the opposite party completed the registration process of the vehicle on 26/01/2022 itself and thereafter on receipt of number plate from the RTO office vehicle was delivered to the complainant on 31/01/2022. The complainant received the vehicle after proper verification and convincing that there is no any sort of defect to the vehicle. Thereafter two days the complainant called the opposite party and then the opposite party informed that on production of vehicle they are prepared to rectify the vehicle. But the complainant did not turn up to produce the vehicle and did not show the scratches to the opposite party. At the same time the complainant had taken the vehicle to other service centers as per records.
4. The demand of the complainant to provide another vehicle for his personal use during the repairing period is practically impossible. There is no vehicle is availed with opposite party to provide as demanded by the complainant. Then the demand of the complainant was to provide any other vehicle which is brought before the opposite party for service purpose. The opposite party further submitted that it is not the practice to bring a vehicle which is in running condition in a recovery van. There is no defect to the vehicle for riding. Hence, the opposite party alleged the complainant has got malicious intention.
5. The opposite party is ready and willing to rectify any defect of the vehicle if the complainant duly demanded for the same. But at present the complainant has taken the vehicle to other service centers and so the opposite party is not able to provide service as such, even then if the Commission direct to do so the opposite party is prepared to serve the complainant. There is no any sort of deficiency in service for lack of care from the side of opposite party. The complainant used vehicle for the last 6 months without any defect, which shows that the allegation of the complainant is of false. The complainant is not entitled for any remedy as prayed. The complainant totally failed to establish his grievance as per the complaint.
6. The complainant and opposite party produced affidavit and documents. The documents on the side of complainant marked as Ext. A1 to A19. Ext. A1 is copy of tax invoice dated 26/01/2022 issued by hero mark motors Angadippuram for Rs.70, 450/. Ext. A2 is copy of certificate of registration of vehicle no. KL 55 AE 8084. Ext. A3 is copy of insurance policy issued by Cholamandalam MS general insurance company limited Policy No. 3410/00809131/000/00 Valid from 26/01/2022 to 25/01/2027. Ext. A4 (series) is copy of bank receipt voucher for Rs.5, 000/- dated 22/01/2022. Ext. A5 is copy of print out of payment for Rs.79, 218/- dated 25/01/2022 in favor of mark motors with transaction ID 202517378543. Ext. A6 is photo copy of free service job card dated 09/03/2022. Ext. A7 is tax invoice for Rs.490/- issued by friends’ motors, Pattambi Road, Valanchery dated 07/03/2022. Ext. A8 is copy of tax invoice for Rs.513/- issued by friend’s motors Pattambi road, valanchery dated 10/06/2022. Ext. A9 is copy of CD, Ext. A10 is copy of tax invoice dated 17/09/2022 issued by friends motors Pattambi road, Valanchery for Rs.415/-. Ext. A11 tax invoice dated 22/11/2022 issued by friends motors Pattabmi road, Valanchery for Rs.419/-. Ext. A12 is copy of tax invoice dated 02/12/2022 nil rupees. Ext. A13 is tax invoice dated 11/02/2023 for Rs.1004/- Ext. A14 is copy of receipt issued by PMNA crane and recovery services dated 14/11/2022. Ext A15 is copy of photographs of the defective parts of the vehicle including number plate and rim of wheel. Ext. A16 is copy of employment certificate dated 03/01/2023 issued by AUP School Vadakkumpuram. Ext. A17 is copy of discharge bill dated 21/09/2022 for Rs.10, 647/-. Ext. A18 is copy of birth certificate issued by department of urban affairs/ Valanchery municipality of Muhamemd Hanan. N. Ext. A19 is copy of CD. Opposite party did not produce any document.
7. Heard complainant and opposite party, perused affidavit and documents. The following points arise for consideration:-
- Whether the vehicle has got defect as alleged?
- Whether there is deficiency in service on the part of the opposite party?
- Relief and cost?
8. Points No. 1 to 3
There is no dispute regarding the purchase of the vehicle from the opposite party. Grievance of the complainant is that there was delay for delivery of the vehicle and there was scratches over the number plate and also various parts of the vehicle. The complainant also alleged he paid for road side assistance which the opposite party did not provide. The complainant submitted the odometer was became defective within 73.5 kilometers of running of the vehicle.
9. In this complaint the complainant remitted the entire cost of the vehicle on 25/01/2022. It is admittedly vehicle was taken delivery on 31/01/2022. It is also evident that the vehicle was registered only on 26/01/2022. The assurance of the opposite party was to deliver the vehicle on 29/01/2022 on receipt of number plate from the RTO office. The case of the complainant itself is that he called the opposite party on 29/01/2022 and then the assurance was to delivery on 31/01/2022. On 31/01/2022 it was assured to deliver on the next day itself. But the complainant approached the opposite party on 31/01/2022 by evening itself and the vehicle was taken delivery. The complainant submitted that he had noted the scratches on the number plate and the same was brought to the notice of the officials of hero Honda. But at the same time he took delivery of the vehicle since he was too urgent to get service of vehicle for his personal use.
10. It can be seen that after delivery of the vehicle the complainant never turned to the opposite party to rectify the defect of scratches. But he called the opposite party and demanded to take back the vehicle with the use of recovery van since he had availed road side assistance. But the opposite party stated that the vehicle was without any defects to take back the vehicle with the use of recovery van. The complainant has not stated anywhere in the complaint that vehicle has got defect which cause not to take back to the service center without assistance of recovery van. The complainant produced Ext. A14 receipt for recovery crane and service used on 14/11/2022. But the alleged defect was noted by him on 01/02/2022 itself. So the recovery vehicle was used after 9 months of his alleged grievance. Hence on perusal of the documents, the complainant never approached the opposite party for the redresssal of grievance subsequent to the delivery of the vehicle. The complainant produced photographs to show the scratches caused to the number plate and also to the rim of wheel. It is pertinent to note that the vehicle was delivered to the complainant on 31/01/2022 and the opposite party had advised to take delivery of the vehicle on the next day. It is also pertinent to note that the number plate is provided by the RTO office itself and not by the opposite party. Hence it is not certain whether the scratch caused to the number plate was from the side of opposite party or RTO office itself. Any way it was the duty of the opposite party to rectify the scratches duly to the satisfaction of complainant, hence the opposite party advised to retain the number plate with them to get a new one from the RTO office. But the complainant was highly need of delivery of the vehicle on the same day and thus the opposite party could not provide the due service as demanded by the complainant. So the grievance if at all caused to the complainant is not due to the any will full act of the opposite party. Moreover the opposite party duly advised to produce the vehicle before them but the complainant insisted to take back vehicle by using recovery van. It can be seen that the approach of the complainant was not fair enough to demand the service of recovery van to take back the vehicle to the opposite party service center. Hence the Commission do not find sufficient reason to hold that the opposite party was deficient in providing service but the complainant did not provide opportunity to the opposite party for serving properly the complainant. More over the opposite party submitted that they are prepared to serve the complainant if the Commission pleases to order accordingly. The opposite party submitted that the complainant availed regular services from the outside service centers duly and so the submission is that the vehicle is not with any defect. It is also important to note that the complainant has not sated anywhere in the complaint that there were scratch to the rim of wheel as in the produced photographs. The specific case of complainant is that there was scratches on the number plate at the time of delivery of the vehicle itself. Hence what is required is only to rectify the scratches if at all available on the number plate of the vehicle of the complainant.
11. In the light of above facts and circumstances the commission direct the opposite party to rectify the defects of number plate at the cost of opposite party on production of number plate of the vehicle before the opposite party by the complainant. The opposite party is liable to bear the liability for the rectification of the same through the proper procedure and in case the complainant approach the opposite party for the same duly the complainant is also entitled cost of this proceedings of Rs.2,000/- from the opposite party. The complainant is not entitled for any other relief as prayed in the complaint. If the complainant is not produced the number palate before the opposite party within one month from the date of receipt of copy of this order it will be treated that the complainant waved any relief including the cost from the opposite party. The complaint partly allowed as stated above.
Dated this 27th day of February, 2024.
Mohandasan. K, President
PreethiSivaraman.C, Member
Mohamed Ismayil.C.V, Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 to A19
Ext.A1: Copy of tax invoice dated 26/01/2022 issued by hero mark motors
Angadippuram for Rs.70,450/-.
Ext.A2: Copy of certificate of registration vehicle No. KL 55 AE 8084.
Ext A3: Copy of insurance policy issued by Cholamandalam MS general insurance
company limited Policy No. 3410/00809131/000/00 Valid from 26/01/2022 to
25/01/2027.
Ext A4: (series) is copy of bank receipt voucher for Rs.5,000/- dated 22/01/2022.
Ext A5: Copy of print out of payment for Rs.79,218/- dated 25/01/2022 in favour of
mark motors with transaction ID 202517378543.
Ext.A6: Photo copy of free service job card dated 09/03/2022.
Ext.A7: Tax invoice for Rs.490/- issued by friends motors, Pattambi Road valanchery
dated 07/03/2022.
Ext.A8: Copy of tax invoice for Rs.513/- issued by friend’s motors Pattambi road
valanchery dated 10/06/2022.
Ext.A9: Copy of CD
Ext.A10: Copy of tax invoice dated 17/09/2022 issued by friends motors Pattambi
road valanchery for Rs.415/-.
Ext A11: Tax invoice dated 22/11/2022 issued by friends motors pattabmi road
Valanchery for Rs.419/-.
Ext.A12: Copy of tax invoice dated 02/12/2022 nil rupees.
Ext A13: Tax invoice dated 11/02/2023 for Rs.1,004/-
Ext.A14: Copy of receipt issued by PMNA crane and recovery services dated
14/11/2022.
Ext.A15: Copy of photographs of the defective parts of the vehicle including number
plate and rim of wheel.
Ext.A16: Copy of employment certificate dated 03/01/2023 issued by AUP School
Vadakkumpuram.
Ext.A17: Copy of discharge bill dated 21/09/2022 for Rs.10,647/-.
Ext.A18; Copy of birth certificate issued by department of urban affairs/ Valanchery
municipality of Muhamemd Hanan . N.
Ext.A19: Copy of CD.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan. K, President
PreethiSivaraman.C, Member
Mohamed Ismayil.C.V, Member
