FINAL ORDER/JUDGEMENT

SHRI  REYAZUDDIN KHAN , MEMBER

This is an application U/S.35 OF CP,Act 2019.

The brief fact of the case is that complainant Dr Swakshyar Saumya Pal  purchased one vehicle Audi A435TDI Bharat Stage –IV car from Mohan Motor Distributors Pvt.Ltd,11A,PuruliaRoad,Jharkhand-834001.The registration No. of the vehicle is WB-20AW7711,Chasis no.WAVEHF41HY700976,bearing Engine no.DES100459 against the In-voice no.AR/C/054/2017-18 by paying a sum of Rs.36,87,295( Rupees Thirty six Lakhs eighty seven thousand two hundred and ninety five) on 24.08.2017.The car was dispatched by trails being bill of landing /LR-RR no.235 dated 26.08.2017 by vehicle no. NL01D8664 to the Kolkata and delivered the vehicle on 02.09.2017 to the complainant. The complainant also paid the charge of TCS@ 1% Rs.36,508/-vide Tax invoice no.AR/C/054/2017-18 dated 24 August 2017 and all the statutory taxes and impositions for sum of Rs.10,97,789.14/- (Rupees Ten Lakhs ninty seven thousand seven hundred eighty nine and fourteen paise) vide Tax invoice no.AR/C/054/2017-18 dated 24 August 2017.The complainant paid to OP2 an amount of Rs.15,000/ only for temporary Registration of the vehicle vide Debit note no.DD/AR/C/054/2017-18 dated 24.08.2017.The complainant also paid a sum of Rs,3,57,705 ( Rupees Three Lakhs fifty seven thousand seven hundred five) only towards insurance charges,insurance assured,Road tax,Registration and Misl.to the OP1 dated 24.08.2017 vide receipt no.DDD/AR/C/054/2017-18.

The Complainant further stated that after receiving of the permanent Registration number of the vehicle the complainant sent mail for extended warranty  but that was declined by the OPs on 22.08.2019 via email by reasoning that “The vehicle has  crossed the standard warranty period and hence we regret our inability to provide extend warranty on the vehicle” as per Audi India Policy.The Complainant got stunned that the OPs have delivered the second hand  car in the cost of the new car.The complainant stated that the incident proved that the men and agent of the OPs induced and allured him.The acts and conducts of the OPs proves their deficiency and unfair trade practice and malpractice too.The OPs are liable for the harassment, mental distress,economic hardship and trauma.The complainant bought the car with the help of financial institution and on the basis of hypothecation agreement for which he has to pay Rs,74,000/ per-month.

The cause of action arose on 26.08.2017 when the vehicle was dispatched and on 22.08.2019 when the manager of customer service denied to provide extended warranty and lastly arose on 17.01.2020 when the Ld.Advocate issued legal notice to the OPs.

The complainant further prayed for the direction to the OPs to handover the new car with proper documents and return of old car, a compensation of Rs,10,00000/- ( Rupees Ten Lakh) for mental harassment  ,and litigation cost of Rs, 50,000/ (Rupees Fifty thousand)only. Under the said circumstances, the complainant has been forced to file the complaint against the OPs to this commission with the relief/reliefs as detailed mentioned above.

 Notice was sent to all the OPs.  Postal track report shows that the notice was served to OP 1 to 3 but OP4 notice not completed . None appears for the OPs on call. No Written Version has been filed by the OPs to contest the case.A petition was filed by the complainant with the prayer to delete the name of the OP4 from the cause title of the complainant petition. Prayer allowed. The OPs remained absent . The case was fixed for ex parte hearing .E/Chief was filed by Complainant and prayer for time for filing BWA and for ex- parte hearing was  fixed on 11.04.2023.Later,The matter of ex-parte argument was heard and we proceeded for giving judgment.

Points for Determination

In the light of the above pleadings, the following points necessarily have come up for determination.

1) Whether the OPs are deficient in rendering proper service to the complainant?
            2)   Whether the OPs have indulged in unfair trade practice?

3)    Whether the complainant is entitled to get relief or reliefs as prayed for?

Decision with reasons

Point Nos. 1 to 3:-

All the points are taken up together for sake of convenience and brevity in discussion We have perused the documents on record.the photocopies of the money receipts,email communications,insurance certificate,Tax invoice,advocate letters, E-chief by the complainant and other documents.The complainant has purchased one Audi car A435TDI Stage –IV on 24.09.2017 with the total consideration amount of Rs 36,87,295/ (Thirty six Lakhs eighty seven thousand two hundred

ninty five) only being Registration No.WB20AW7711,Chesis No.WAVZEHF41HY700976 and Engine No.DES100459 from Mohan Motor Distributors Pvt.Ltd,Ranchi Jharkhand.The complainant paid the charge of TCS @ 1% Rs.36,508 and the statutory taxes and impositions for sum of Rs,10,97,789.14 paise.The complainant also paid Rs,15,000/ for temporary Registration and Rs,3,57,705/ towards insurance charges,insurance insured,Road tax,Registration and Misl.to the OP1.After the permanent registration No. the complainant applied for the extended warranty which was supposed to get by the complainant within the validity period ie, on 02.09.2019. But the OP 3 and 4 have denied to extend the said warranty of the vehicle as per Audi India Policy  as the warranty of the said vehicle has already been expired before two months of the existing warranty.It has come to the knowledge of the complainant that a second hand car has been delivered by the OPs in the cost of the New Car.The complainant lost his hard earned money by the illegal acts and conducts of the OPs.The OP parties are jointly and severally liable for the negligence and unfair trade practice.   

  In view of the facts stated above we are of the opinion that the complainant has been able to make out the case against the OPs and accordingly deficiency in service and unfair trade practice on the part of the OP have been established. But there are certain points on the part of the documents submission by the complainant that no supporting documents viz,

1.Registration certificate of the vehicle

2.Bank Hypothecation letter

3.Pollution certificate

4.Terms and condition policy Book Audi India Pvt.Ltd.

5.Temporary registration certificate

The following documents have not been annexed with consumer compliant which are vital one for better adjudication of the matter.

Due to lack of vital documents as mentioned afore the matter can not be adjudicated as such the consumer complaint fails.

Hence, it is,

Ordered

  That the consumer complaint be and the same is dismissed on ex-parte.

Copy of the judgment be delivered to the parties free of cost as per the C.P. Act and Judgment be uploaded in the website of the Commission for perusal of the parties.