BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.440 of 2020

Date of Instt.08.12.2020

Date of Decision: 28.09.2021

Baljit Singh S/o Harjinder Singh R/o Village Nangal Shama, P. O. Ladhewali, Tehsil and Distt. Jalandhar, Phone No.99152-53616.

..........Complainant

Versus

MD/Prop.Goyal Hyundai (Agency of Hyundai Car Company), Kapurthala Road, Tehsil and Distt.Jalandhar, Phone No.0181-2632191-2632192.

                                                          ….….. Opposite Party                                                                                                           

                   Complaint Under the Consumer Protection Act.

Before:        Sh. Kuljit Singh                       (President)                               

Smt. Jyotsna                            (Member)                                

Sh. Jaswant Singh Dhillon       (Member)

Present:       Sh. H. S. Sandhu, Adv. Counsel for the Complainant.

Sh. Jatinder Sharma, Adv. Counsel for the OP.

Order

          Kuljit Singh (President)

1.           The instant complaint has been filed by the complainant, wherein alleged thathe has a Hyundai Verna Car bearing registration No.PB08-CG-8262. That the complainant demanded estimate for his car Hyundai Verna in 29.06.2020 and Mukesh attended him and 2 employees took a ride. After that they said there are some problems and service/repair and changing of parts will cost Rs.33,297/- + GST. That on same day car was not delivered as per promise to deliver. That on next day the complainant called again and again. But employees of OP said the fault is not found yet in afternoon the complainant went to agency and no one was working on car. It was told that it is part of clutch that is being repaired from somewhere else. That on 2^nd day also the issue regarding clutch was not resolved as promised and employees of OP told it would be done tomorrow. That on 3^rd day also lame excuses were given and car was not repaired upto mark. That on 4^th day also no update was given by employees of OP on phone. Additional Rs.8400/8500 were demanded by Mukesh to resolve the problem of gear Shift/Clutch, whatever it was. That on day 5^th the complainant had to go to agency because the car was not delivered to him as promised. The complainant drove the car and saw some oil leakage under the car. Complainant was dealt with by Arvind. They said it is OK now after doing some small work but complainant saw there is no proper washing on the bottom. The complainant approached Senior Manager Arun and he said Car is not washed. Car was washed and leak was checked the employees of OP by opening many things and said it is good for proper check. They requested not to file complaint. Mukesh and others said now everything is OK and complainant paid bill and took away car. That on Saturday 04.07.2020 complainant went to Amritsar and on his way found meter was not showing true current gear information. At petrol pump complainant noticed that green fluid was leaking from engine. Complainant dropped his mother and son and then went towards Ravidas Chowk and AC stopped working and Car engine became heated. Complainant had to stop the car. Complainant took car with great trouble to service station of OP. The complainant had to take his friend’s car and went to Amritsar. Than Arun had informed complainant on phone that it was their fault and complainant recorded the call. That the complainant was harassed by acts and conduct and poor service of employees of OP. The complainant’s five working days were lost due to this inefficiency of employees of OP and additional money is also charged. It gave mental agony and humiliation to complainant and his family in this hot summer season and their precious time is wasted. That again fault occurred in the car and it was not repaired employees of OP after some days. The complainant had to take it Goyal Hyundai Phagwara Road, Service Station/Agency for repair on 31.07.2020 and there additional money was charged by sister concern of OP agency on 31.07.2020 and a bill of Rs.4650/- was given to the complainant. The car was not repaired again upto mark and again fault occurred in the car. On 17.08.2020 the complainant had to take the car again for repair to Goyal Hyundai and again it had to be kept there and a bill of Rs.1958/- was charged from the complainant. A legal notice dated 09.07.2020 was also served on the OP, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to  repair the car upto the mark and to the satisfaction of the complainant, in the interest of justice so that no other fault would be occurred due to bad service of OP in future and further OP be directed to pay a compensation of Rs.50,000/- for causing mental tension and harassment to the complainant.  
2.           Notice of the complaint was given to the OP, who duly served and appeared through its counsel and filed written reply, whereby contested the complaint by taking preliminary objections thatthepresent complaint is not maintainable in the present form, as the same is based upon wrong, false and frivolous facts, as the complainant is guilty of materially concealing and suppressing material facts and has approached this Commission with unclean hands with the sole intention of deceiving this Commission. Moreover, when the vehicle was received there was problem in clutch and gears of the vehicle and the complainant was fully apprised that it will take 4-5 days for repairing the same. The complainant is not entitled to any claim or to get any relief claimed therein. The complaint in reply is not maintainable in law or on the true facts and the same is liable to be dismissed. That the complaint is ex-facie misconceived, vexatious, untenable and devoid of any merit and has made this complaint in order to raise a premeditated, false and frivolous prosecution. The true facts are that there was problem with the clutch and gears of the vehicle of the complainant and on 29.06.2020 the complainant approached the OP and on the instructions of the complainant, the OP started repairing the vehicle of the complainant and accordingly, parts were changed, the vehicle of the complainant was got repaired to the satisfaction of the complainant and the complainant being duly satisfied took the delivery of his vehicle from the OP. Later on, again the vehicle of the complainant was got repaired from the service centre of the OP at Jalandhar and where too after minor repairs to the vehicle of the complainant were done to the satisfaction of the complainant and the complainant being duly satisfied took the delivery of his vehicle from the OP. The instant complaint has been filed by the complainant with an intention to mislead this Commission and to extort money from the answering OP.That the complainant has not true grievance or valid cause of action qua the answering OP.That the complaint is baseless and is flagrant abuse of process of law to harass and blackmail the answering OP.That the complaint is frivolous and vexatious and is liable to be dismissed. On merits, the factum in regard to approaching the OP on 29.06.2020 by the complainant is admitted and the OP after through check up found problem in gear shift/clutch and an estimate was provided to the complainant is also admitted, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3.           Rejoinder not filed by the complainant.
4.           In order to prove their respective versions, both the parties produced on the file their respective documents.
5.           We have heard the argument from learned counsel for the respective parties and also gone through the case file very minutely.
6.           Counsel for complainant argued that he has a Hyundai Verna Car bearing registration No.PB08-CG-8262. That the complainant demanded estimate for his car Hyundai Verna in 29.06.2020 and Mukesh attended him and 2 employees took a ride. After that they said there are some problems and service/repair and changing of parts will cost Rs.33,297/- + GST. That on same day car was not delivered as per promise to deliver. That on next day the complainant called again and again. But employees of OP said the fault is not found yet in afternoon the complainant went to agency and no one was working on car. It was told that it is part of clutch that is being repaired from somewhere else. That on 2^nd day also the issue regarding clutch was not resolved as promised and employees of OP told it would be done tomorrow. That on 3^rd day also lame excuses were given and car was not repaired upto mark. That on 4^th day also no update was given by employees of OP on phone. Additional Rs.8400/8500 were demanded by Mukesh to resolve the problem of gear Shift/Clutch, whatever it was. That on day 5^th the complainant had to go to agency because the car was not delivered to him as promised. The complainant drove the car and saw some oil leakage under the car. Complainant was dealt with by Arvind. They said it is OK now after doing some small work but complainant saw there is no proper washing on the bottom. The complainant approached Senior Manager Arun and he said Car is not washed. Car was washed and leak was checked the employees of OP by opening many things and said it is good for proper check. They requested not to file complaint. Mukesh and others said now everything is OK and complainant paid bill and took away car. That on Saturday 04.07.2020 complainant went to Amritsar and on his way found meter was not showing true current gear information. At petrol pump complainant noticed that green fluid was leaking from engine. Complainant dropped his mother and son and then went towards Ravidas Chowk and AC stopped working and Car engine became heated. Complainant had to stop the car. Complainant took car with great trouble to service station of OP. The complainant had to take his friend’s car and went to Amritsar. Than Arun had informed complainant on phone that it was their fault and complainant recorded the call. That the complainant was harassed by acts and conduct and poor service of employees of OP. The complainant’s five working days were lost due to this inefficiency of employees of OP and additional money is also charged. It gave mental agony and humiliation to complainant and his family in this hot summer season and their precious time is wasted. That again fault occurred in the car and it was not repaired employees of OP after some days. The complainant had to take it Goyal Hyundai Phagwara Road, Service Station/Agency for repair on 31.07.2020 and there additional money was charged by sister concern of OP agency on 31.07.2020 and a bill of Rs.4650/- was given to the complainant. The car was not repaired again upto mark and again fault occurred in the car. On 17.08.2020 the complainant had to take the car again for repair to Goyal Hyundai and again it had to be kept there and a bill of Rs.1958/- was charged from the complainant. A legal notice dated 09.07.2020 was also served on the OP, but all in vain and as such, necessity arose to file the present complaint.
7.           On the other hand, counsel for OP has argued that when the vehicle was received there was problem in clutch and gears of the vehicle and the complainant was fully apprised that it will take 4-5 days for repairing the same. The complainant is not entitled to any claim or to get any relief claimed therein. The complaint in reply is not maintainable in law or on the true facts and the same is liable to be dismissed. That the complaint is ex-facie misconceived, vexatious, untenable and devoid of any merit and has made this complaint in order to raise a premeditated, false and frivolous prosecution. The true facts are that there was problem with the clutch and gears of the vehicle of the complainant and on 29.06.2020 the complainant approached the OP and on the instructions of the complainant, the OP started repairing the vehicle of the complainant and accordingly, parts were changed, the vehicle of the complainant was got repaired to the satisfaction of the complainant and the complainant being duly satisfied took the delivery of his vehicle from the OP. Later on, again the vehicle of the complainant was got repaired from the service centre of the OP at Jalandhar and where too after minor repairs to the vehicle of the complainant were done to the satisfaction of the complainant and the complainant being duly satisfied took the delivery of his vehicle from the OP. The instant complaint has been filed by the complainant with an intention to mislead this Commission and to extort money from the answering OP.
8.           We placed reliance of judgment reported in (1994) 1 SCC 1 – SP Chengalvaraya Naidu (Dead) Vs. Jagannath (Dead) & Ors and other judgment titled as Indian Oil Corporation Vs consumer Protection Council, Kerala &Anr. (1994) 1 Supreme Court cases 397qa relationship of principle to principal basis and case of Maruti Udyog Limited Vs. Nagender Prasad Sinha & Anr. II (2009) CPJ 295 (NC), the Hon’ble Apex court observed regarding delivery delayed.
9.           The complainant is unable to prove his case by evidence and sufficient documents that the OP not repair the vehicle in disputes properly.
10.           The complainant has argued that his vehicle was not repaired upto the mark.  But the OP has not rebutted the said version of complainant by filing reply and evidence because the OP. Thus, virtually statement of complainant suffered through affidavit through Ex.CA is fully believable that OP has not repair the vehicle in dispute upto the mark. As such, the OP is deficient in providing consumer service to complainant by not repair the vehicle in dispute. Hence, the complainant is entitled for relief claimed.
11.           Therefore, as discussed above, the present complaint is partly allowed and the OP is directed to repair the vehicle of the complainant free of cost. Further, OP is directed to pay compensation for mental harassment to the tune of Rs.2,000/-.
12.           The compliance of this order be made by OP within 45 days from the date of receipt of copy of this order.
13.           Copies of the order be sent to the parties, as permissible, under the rules. This complaint could not be decided within stipulated time frame due to rush of work.
14.           File be indexed and consigned to the record room after due compliance.

Announced in open Commission

                   28^th of September 2021

                   Kuljit Singh

                   (President)

                   Jyotsna

                   (Member)

          Jaswant Singh Dhillon

                   (Member)