Haryana

Bhiwani

CC/134/2023

Chattar Pal - Complainant(s)

Versus

MFG Toyota - Opp.Party(s)

Jagdish Sheoran

11 Mar 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO. 134 of 2023

                              DATE OF INSTITUTION:             14.06.2023

                                           DATE OF ORDER:                   11.03.2024

 

Chhatarpal Singh son of Sh. Om Parkash Maan, R/o H.No.6, Bajrang Bali Nagar, Rohtak Chowk, Bhiwani (Haryana).

 

          ……Complainant.

 

Versus

 

1.       MGF Toyota, Plot No.10, IDC, opposite Sector-14, Mehrauli Road, Gurugaon (Haryana) through its Manager/Authorized signatory.

 

2.       Amit Raina, Head Customer Relation, MGF Toyota, Capital Vehicles Sales Ltd., Plot No.10, IDC, MG Road, Gurgaon (Haryana).

 

3.       Toyota Kirloskar Motors Pvt. Ltd., 10^th Floor, Canberra Tower, No.24, UB City, Vittal Mallya Road, Banglore-560001 through its Manager/Authorized signatory.  

 

….. Opposite Parties.

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-       Sh. Arun Kumar, Advocate for complainant.

          OPs No.1 & 2 exparte.

          OP No.3 given up.

 

ORDER:

Saroj Bala Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that complainant is registered owner of Toyota Altis Car bearing regn. no. HR-84-0007, as commercial vehicle.  It is stated that complainant running a tour and travel company and on 14.03.2023, the vehicle was sent to the workshop of OP through authorized person, for repairs, and as an alternative, complainant arranged for another vehicle for a week. After ten days, complainant enquired about the vehicle through authorized person and found the vehicle left unattended and no repair work was done. So, complainant made e-mail dated 31.03.2023 to the OPs for the loss caused to him. In reply thereto, OP No.2 made false promise for the delay and informed that delay has been caused due to damage to the head light in transit and assured the complainant regarding placing on the arrival of the part within a week.  But despite another e-mail dated 05.04.2023, no work was done by the OPs till 12.04.2023.  Complainant has alleged that only after more than one month, the OPs handed over the vehicle after repair on 19.04.2023 thus he has been caused loss in the business of Rs.75,000/- besides mental agony. In this regard, legal notice dated 21.04.2023 was got served upon the OPs but of no avail. Hence, the present complaint has been preferred seeking directions to OPs to pay Rs.75,000/- towards loss to business of complainant, Rs.1.00 lac as compensation for harassment besides Rs.50,000/- as litigation expenses. Any other relief to which this Commission deems fit has also been sought.

2.                 Despite registered notices to the Ops No.1 & 2, they did not bother to appear and were proceeded against as exprte vide order dated 27.07.2023.

3.                 OP No.3 was given up being unnecessary party by counsel for complainant on 11.09.2023.

4.                 In evidence of complainant, affidavit Ex.CW1/A alongwith documents Annexure C-1 to Annexure C-20 were tendered and closed the evidence.

5.                 No evidence tendered on behalf of OP No.1 despite availing sufficient opportunity, as such, the same was closed by Court vide order dated 17.03.2023.

6.                 We have heard learned counsel for complainant and perused the record carefully.

7.                 At the outset, the grievance of complainant is that due to taking a long time in repairs of the said vehicle by OP No.1, complainant has to suffer loss to his income to the tune of Rs.75,000/-, however, no justification towards such loss has been placed on record. From the record, it is clear that the complainant had sent the vehicle in the workshop of OP on 14.03.2023 but allegedly the vehicle was not repaired, so he made e-mail dated 31.03.2023 qua status of his vehicle  and as per reply filed by OP, the vehicle was without any repairs  for want of parts of the vehicle. Further the vehicle was received by the complainant on 19.04.2023 thus the OP No.1 kept the vehicle in the workshop for more than one months which must have caused the complainant loss to his income. Further, the version of complaint supported by relevant documents including his duly sworn in affidavit filed in evidence remained unrebutted as the OPs did not appear before this Commission despite issuance of notices, as such, their version remained unrebutted and unchallenged. Accordingly, from the facts discussed above, we are of the view that the OP No.1 is negligent, deficient in providing proper services to the complainant as well as has done the act of unfair trade practice for which complainant has to fall into this unwarranted litigation which also caused him mental and physical harassment besides costs of litigation. Accordingly, the complaint is partly allowed and OP No.1 is directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To pay a sum of Rs.50,000/- (Fifty thousand), in lump sum, to the complainant as compensation for harassment including loss to his income. 

(ii)      Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                     In case of default, the OP No.1 shall liable to pay simple interest @ 9% per annum on both the aforesaid awarded amounts for the period of default.  If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.    

Announced.

Dated:11.03.2024