Date of Filing       : 30.12.2014

                                                                                                                                 Date of Disposal:  02.08.2019

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

THIRUVALLUR

PRESENT: THIRU.   J. JUSTIN DAVID., M.A., M.L.                    .…. PRESIDENT

                   TMT.      K.PRAMEELA. M.Com.,                              …..MEMBER-I

                   THIRU:  D.BABU VARADHARAJAN., B.Sc., B.L.,    ….MEMBER-II

CC.No.08/2015

THIS FRIDAY THE 2^nd   DAY OF AUGUST 2019

1.Mr.M.Venkataramana Vijaya Prathap (Died)

2.Mrs.M.Sharma Prathap,

    W/o.Late M.Venkataramana Vijaya Prathap.

3.Mr.Sri Krishnasaithanya,

     S/o.Late M.Venkataramana Vijaya Prathap.

4.Mr.Bharathwaj,

    S/o.Late M.Venkataramana Vijaya Prathap.

5.Mrs.Sowbhakiyam,

    W/o.Late M.Nagaiah.

The complainants 2 to 5 are residing at

Old No.8, New No.11, Alamaram Street,

Thiruthani Town & Taluk,

Thiruvallur Distict - 631 209.                                                   …… Complainants.

                                                                   //Vs//

The AGM-Sales & Services,

SPS Hyundai (P) Limited,

S.No.183, Poonamallee High Road,

Vengathur Village, Thiruvallur - 602 002.                         ……...Opposite party.

This complaint is coming upon before us finally on 18.07.2019 in the presence of Mr.A.R.Poovannan, Counsel for the complainants and M/s.K.V.Srinivasan, Counsel for the opposite party and having perused the both side documents and evidences, this Forum delivered the following:

ORDER

PRONOUNCED BY THIRU. J.JUSTIN DAVID, PRESIDENT.

This complaint is filed by the complainants U/S -12 of Consumer protection Act against the opposite party for seeking direction to furnish a clearance certificate duly obtained from the station housing officers at Thiruthani, Kanakamma Chatram and Thiruvallur Town & Taluk that no case was registered against the complainant’s vehicle on 27.08.2014 and to submit an undertaking that they are liable for any other complaints in future reported to have been happened on 27.08.2014 on the complainant’s vehicle and to pay  a sum of Rs.1,00,000/- towards compensation for engaging private car and to pay a sum of Rs.2,00,000/- towards compensation for mental agony hardship caused to the complainant and cost.

2. Brief averment in the complaint filed by the complainants is as follows:-

The complainant owns a HYUNDAI VERNA CAR bearing Registration No.TN-09-BE-0699 and in the above said car air condition was not up to its level and the necessary cooling is required.  Thus the complainant approached the opposite party for necessary repair, as they being the authorized dealer and having service centre of Hyundai Motors.  On 26.08.2014 the opposite party’s adviser one Mr.Mahesh noted down the complaints and insisted the complainant to hand over the vehicle for necessary works. On 27.08.2014 at early in the morning a driver from the opposite party’s company namely Mr.S.Santhanam came and took the delivery of the vehicle and the vehicle was in good condition at the time when it was handed over the vehicle to the opposite party’s driver. On 27.08.2014 at around 4.30 pm in the evening there is phone call from the opposite party that the complainant’s car met with an accident near Kanakamma Chatram and got extensively damaged.  The complainant went to the opposite party’s office on the next day and was shocked to see the vehicle.  When the complainant enquired with the police, it was found that no accident was reported from Thiruthani to Thiruvallur on that day.  The opposite party under took to do the repairs and assured that they will get the damage claim from the insurance company.  The complainant visited the opposite party four times.  On each occasion one person will come and say a new story all will repeatedly assured that they will set right the things and deliver the vehicle.  The complainant put to great mental agony and hardship by the inordinate delay and non explanation on their part, for the delay.  The complainant therefore on 16.09.2014 issued a legal notice to the opposite party and though the same was acknowledged by the opposite party there was no response.  The complainant reasonably suspected that the opposite party persons might have misused the vehicle during the transit and thus there may be some issue during the further course of action.  Since there was no proper explanation from the opposite party how the vehicle was damaged and where it was happened, whether it was reported to the police or not the complainant was not in a position to take back the vehicle from the opposite party.  Further the opposite party has not repaired the vehicle also and thus the complainant was obliged to sell the car to the opposite party themselves on 01.10.2014 in exchange and purchased a new car. The opposite party offered only 3,45,000/- as it needs repair for more than 50,000/- for no fault on the side of the complainant and he was forced to lose more than 50,000/- and to sell his vehicle.  The complainant is at pressure that at any time there may be a claim against him in respect of the damage.  Therefore the complainant filed this complaint for the issuance of clearance certificates and for damage and compensation.

3. The brief contention of written version of the opposite party is as follows:-

The complaint is not maintainable in law and on facts. It is true that the complainant owned a Hyundai Verna Car bearing Registration No.TN-09-BE-0699.  On 26.08.2014 it is the complainant who approached the opposite party to attend a complaint regard to his Air Condition of the car was not functioning up to the level. Immediately one Mahesh attended the vehicle and noted down all the complaints and informed the complainant and the complainant to hand over, the vehicle and assured to hand over the vehicle, the next day.  The complainant then requested the opposite party, to send a driver to take his vehicle from his residence.  The opposite party did not agree in the beginning, as the complainant is residing more than 5 km away.  Actually the complainant is residing at Tiruttani town which is 44km away from the opposite party service center.  In order to satisfy the customer, finally the opposite party agreed and sent a driver to take the vehicle from the complainant’s place.  After taking the vehicle from the complainant’s place, an accident took place at Kanakamma Chatiram.  When the vehicle reached the service center and the same was informed to the complainant.  When the complainant saw the vehicle at opposite party center, the opposite party undertook to do necessary repairs and assured that they will get the damages claimed from the insurance company and the complainant need not pay any amount for the damages.  But in spite of it, he issued a notice to get a clearance certificate from the police station and an undertaking letter from the opposite party, that they are liable for any other complaint in future if reported.  The opposite party agreed with the complainant that they are liable for any other complaint in future reported to be happened on 27.08.2014 on complainant’s vehicle.  After repairing the car, the complainant was called upon to take delivery of the vehicle.  The complainant was satisfied with the work of opposite party.  In order to satisfy the customers the opposite party suggested for exchange of vehicle.  The complainant agreed and for the value quoted by the opposite party.  Thus he purchased a new car on 01.10.2014 from opposite party in exchange.  For that he signed the invoice form, declaration form and executed a sale receipt and entered in to a purchase agreement on the same day and a delivery receipt also was issued.  The complainant’s old vehicle was sold to a third party on 30.10.2014.  After taking of the new vehicle, the complainant was having the cordial relationship with the opposite party and got the timely service from the opposite party, from time to time, for his new vehicle.  The complainant agreed for the exchange of the vehicle and after getting concession of fair amount of selling his vehicle, he paid the remaining balance and took back the new vehicle.  Once he agreed for the terms and condition for exchanging the vehicle and received the sale amount he is stopped from raising the same issue now at a later stage. Once the dispute was settled by exchange of car, the entire cash or dispute is deemed has to be come to end.  In the above circumstances the complainant is liable to pay Rs.3,00,000/- as damages towards mental agony and hardship to the opposite party and the complaint may be dismissed, with heavy costs.

4. In order to prove the case, on the side of the complainant, the proof affidavit submitted as their evidence and Ex.A1 to Ex.A20 were marked.  While so, on the side of the opposite party, the proof affidavit submitted as his evidence and Ex.B1 to Ex.B12 were marked and also oral argument adduced on both sides.

5. At this juncture, the point for consideration before this forum is:-

(1)Whether there is any deficiency in service on the part of the opposite party?

(2) Whether the complainant’s legal heirs are entitled for compensation and cost?

(3) Whether the complainants are entitled for others reliefs as claimed in the complaint?

(4) To what other reliefs, the complainants are entitled?

6. Point No.1 and 2:-

The case of the complainant is that the 1^st complainant is the owner of the HYUNDAI VERNA CAR bearing Registration No.TN-09-BE-0699 and his air condition of the car was not functioning up to the level and therefore the 1^st complainant approached the opposite party on 26.08.2014 for necessary work.  The complainant was unable to hand over his vehicle for repair on 26.08.2014 and requested the opposite party to take vehicle for repair on and thereby on 27.08.2014 a driver of the opposite party namely S.Santhanam took delivery of the vehicle from the 1^st complainant and while going to the opposite party’s service centre the vehicle met with an accident near Kanakamma Chatiram and the above car was damaged.  The opposite party has not preferred any police complaint and assured the complainant to rectify the damages.  But as assured by the opposite party he has not rectified the defects and the delivery of the vehicle till 16.09.2014 and therefore the complainant issued legal notice to the opposite party on 16.09.2014, even after receipt of the legal notice there is no response from the opposite party and therefore the complainant filed this complaint before this forum on 30.12.2014, Subsequently the 1^st complainant was died on 17.05.2017.  Therefore the complainant’s legal heirs were added as parties in this complaint before this forum.

7. The opposite party contended that on 26.08.2014 the complainant approached the opposite party regarding Air Condition of his car was not functioning up to the level and also the complainant was unable to hand over his vehicle at the time and assured to hand over the vehicle the next day.  The 1^st complainant requested the opposite party to send a driver to take his vehicle from his residence. Actually the complainant is residing at Tiruttani town which is 44km away from the opposite party’s service center.  In order to satisfy the customer, the opposite party agreed to send a driver to take the vehicle.  After taking vehicle from the complainant’s place and met with an accident near at Kanakamma Chatiram and the same was informed to the complainant.  The opposite party undertook to do necessary repairs and assured that they will get the damages claimed from the insurance company and the complainant need not pay any amount for the damages. After repairing the complainant’s car, the 1^st complainant agreed to exchange the vehicle and therefore the complainant’s old vehicle was sold to the third party on 30.10.2014 and the complainant has taken a new vehicle by paying the balance amount.  Once the dispute between the complainant and the opposite party was settled by exchange of cars the entire cash or dispute is deemed to have been come to end.

8. Originally the 1^st complainant filed this Consumer Complaint before this forum against the opposite party for compensation and other relief.  When this above complaint is pending, the 1^st complainant was died on 17.05.2017.  Therefore the 1^st complainant’s legal heirs were impleaded as complaints 2 to 5. The 1^st complainant is the owner of the HYUNDAI VERNA CAR bearing Registration No.TN-09-BE-0699 and the above said vehicle was originally purchased by one Dr. R. SHANTHI MALAR in the year 2010 and thereafter the 1^st complainant purchased the above said vehicle from Dr. R. SHANTHI MALAR on 03.10.2013.  Ex.A1 is the copy of Registration certificate which shows that the 1^st complainant is the owner of the vehicle bearing Registration No.TN-09-BE-0699 from 03.10.2013.  It is admitted by both the parties that the 1^st complainant has handed over his vehicle to the driver of the opposite party namely S.Santhanam on 27.08.2014 for making necessary repairs in the air condition of the car.  The driver of the opposite party has taken the vehicle from the 1^st complainant’s house at Tiruttani and the driver of the opposite party has to hand over the vehicle to the opposite party service centre at Thiruvallur. Unfortunately the above said car met with an accident and got damaged.  There is no dispute between both the parties about the accident happened on 27.08.2014 to the complainant’s vehicle and its damage.

9. The opposite party has not preferred any police complaint regarding accident and for the alleged damages caused to the complainant’s vehicle by the driver of the opposite party’s service centre.  It is the duty of the opposite party to inform about the accident to the concern police station.  But the opposite party failed to inform about the accident to the concern police station which amounts to deficiency in service.

10. Even after accident, the driver of the opposite party handed over the vehicle to the opposite party service centre for necessary repairs, the opposite party also informed about the accident to the complainant. Thereafter the complainant went to the opposite party’s service centre and the opposite party agreed to rectify the damages and the complainant also agreed for the same.  But the opposite party has not handed over the vehicle till 16.09.2014 after rectifying the damages.  Therefore the complainant issued a legal notice to the opposite party.  Ex.A6 is the copy of legal notice and Ex.A7 is the copy of acknowledgment. Thereafter the opposite party suggested the complainant for exchange of the complainant’s car and the complainant also agreed for the same.  As agreed by both parties the complainant purchased a new car on 01.10.2014 from the opposite party through exchange.  Ex.A8 is the delivery receipt of old car and Ex.A9 is the copy of bill for the purchase of new car.  As per Ex.A9 bill, cost of new car namely HYUNDAI GRAND ILO SPORTZ CRZI is Rs.5,96,743/- and Registration & Life Tax is Rs.69,600/- and insurance for one year is Rs.20,487/-.  Hence the total cost of the car including registration fees and insurance charges is Rs.6,86,829/- and cost of the old vehicle is Rs.3,45,000/-.  The balance amount payable by the complainant for the purchase of new vehicle is Rs.3,41,000/-.  The 1^st complainant purchased the new car by paying balance amount.  Therefore the entire dispute between the complainant and opposite party regarding damages caused to the complainant’s car was settled.

11. The complainants alleged that the complainants spent huge amount for engaging private car for their use from the period 27.08.2014 to 01.10.2014 and to prove the same the complainants filed Ex.A10 to Ex.A20.  The complainants have availed the service from the SNEHA TRAVELS. Since the opposite party’s driver has taken the car for repair and it was damaged due to an accident and also the opposite party has not rectified and delivered the vehicle within a time, the complainant was unable to use the vehicle for few months and the complainant has spent some amounts for engaging private car for his use.  Therefore the opposite party is liable to pay compensation.

12. The 1^st complainant is the owner of the car bearing registration No.TN-09-BE-0699 and the same was handed over to the driver of the opposite party for making necessary repair in the Air Condition of the car.  The driver of the opposite party on 27.08.2014 has taken the vehicle from the complainant and on the way the complainant’s car met with an accident and got damaged.  The opposite party has not informed about the accident to the concern police station.  Further the opposite party has not rectified the damages till 16.09.2014 and delayed the repair work.  During that period the complainant engaged private car for his daily use and spent some amount. Therefore the opposite party has committed deficiency in service and the complainants are entitled for compensation and costs.

13. Point No.3:-

The complainant prayed for an order against the opposite party to furnish a clearance certificate duly obtained from the station housing officers at Thiruthani, Kanakamma Chatram and Thiruvallur Town & Taluk that no case was registered against the complainant’s vehicle on 27.08.2014 and to submit an undertaking that they are liable for any other complaints in future reported to have been happened on 27.08.2014 on the complainant’s vehicle.  With respect to these prayers the complainants have not filed any documents to show that the complainant’s vehicle met with an accident on27.08.2014.  Further there is no document to show that the opposite party has given complaint to the police about the alleged accident.  There is no material to file the complaint against the opposite party regarding the above prayers.  This forum also has no power to pass any order regarding other reliefs.  Under these circumstances the complainants have not entitled to other reliefs as claimed in the complaint.  Thus the point No.3 is answered accordingly.

Point No.4

In the result, this complaint is allowed in part.  Accordingly, the Opposite Party is directed to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for engaging private car and also to pay a sum of Rs.10,000/-(Rupees ten thousand only) towards compensation for causing mental agony and hardship to the complainants due to the deficiency in service on the part of the opposite party and also to pay a sum Rs.5,000/-(Rupees five thousand only) towards cost of this litigation to the complainants. With respect to other reliefs, this complaint is dismissed.

The above amount shall be payable by the opposite party within two months from the date of receipt of the copy of this order, failing which, the said amount shall carry interest at the rate of 9% per annum till the date of payment.

Dictated by the president to the steno-typist, transcribed and computerized by him, corrected by the president and pronounced by us in the open forum on this 02^nd August 2019.

     Sd-                                                              Sd-                                                  Sd-

MEMBER-II                                                MEMBER-I                                    PRESIDENT

List of documents filed by the complainant:-

 List of documents filed by the opposite party:-

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MEMBER-II                                                MEMBER-I                                    PRESIDENT