Chandigarh

DF-II

CC/419/2020

Parul Sud - Complainant(s)

Versus

M/s Autopace Network Pvt. Ltd. - Opp.Party(s)

Savinder Singh Gill & Hoshiar Chand

14 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

Consumer Complaint  No	:	419 of 2020
Date  of  Institution	:	31.08.2020
Date   of   Decision	:	14.03.2024

 

 

 

 

 

Parul Sud w/o Sh.Karan Sood, R/o 753/1, Phase 2, Pocket 1, Omaxe Silver Birch, New Chandigarh, Mullanpur, Punjab.

             …..Complainant

 

Versus

1]  M/s Autopace Network Private Limited, C/o Elante Mall, Ground Floor (Office Block) Plot No.178/178 A, Industrial Area, Phase-1, Chandigarh 160002 through its Managing Director/Director/Authorised Signatory.

2]  Maruti Suzuki India Limited having regional Office at SCO No.39-40, Ground Floor, Madhya Marg, Sector 8-C, Chandigarh 160009 through its Managing Director/Director/Authorised Signatory

Also at:-    Maruti Suzuki India Limited, 1, Mandela Marg, Vasant Kunj, New Delhi 110070

….. Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                MEMBER

 

Argued by:  Sh.Savinder Singh Gill & Sh.Hoshiar Chand, Counsel for the complainant

Sh.Anshul Kukreja, Counsel for OP No.1

Representative of OP No.2.

 

PER B. M. SHARMA, MEMBER

        The case of the complainant precisely is that she purchased a brand new car – Suzuki Ignis-Alpha (Nexa Blue) from OPs in March, 2020 (Ann.C-1 to C-3). It stated that the complainant at the time of taking delivery noticed the rubbing marks on the bonnet of the car, missing of first aid kit and car keys having scratch marks and reported it to the OPs, but the OPs guaranteed that the vehicle is brand new in a pristine condition. However, the complainant observed slight noise on the front right side of the vehicle and she was also shocked to note from Repair Memo dated 12.03.2020 (Ann.C-4), available in the car, showing that the car in question was repaired for dent & paint work before its delivery/sale to the complainant as brand new car. The complainant raised the issue with the OPs about selling her a repaired car (Ann.C-6 colly.) whereupon the OPs vide email dated 2.6.2020 (Ann.C-7) stated that they are having bonnet in stock and are ready to replace it along with the first aid kit which was not given at the time of car delivery. The complainant also raised issue about not supply of steering cover which was promised and mentioned as pending on the retail invoice. The complainant also sent a legal notice to the OPs in this regard but to no avail. Hence, this complaint has been preferred alleging the said act & conduct of the OPs as deficiency in service and unfair trade practice. 

 

2]       The OP No.1 has filed written version and while admitting factual matrix of the case about sale and service of the vehicle, stated that the vehicle was not suffering from any denting or painting problem and the delivery of the vehicle in question was taken by the complainant after inspection and in view of satisfactory condition of brand new vehicle.  It is stated that the keys of the car were not scratched, bonnet was not having rubbing marks, colour of the bonnet was not different from the rest of its body; first aid kit was also delivered to the complainant (Ann.OP-1/1 & OP 1/2).  It is submitted that Ann.C-4 & C-5 are fake documents utilized by the complainant and are not pertaining to OP No.1. It is also submitted that the writing & initial on Ann.C-4 & C-5 are not pertaining to the employee of OP No.1 nor OP No.1 is having any such document and that the complainant cannot take advantage of such fake documents. It is pleaded that the vehicle in question was not repaired by the OP No.1 and hence the complainant is not entitled for the compensation. It is also pleaded that the steering cover is not a part of the original fitment and is an accessory, which Op No.1 offered to the complainant as goodwill gesture but the complainant did not bring the vehicle thereafter for its fitment.  It is stated that vide email dated 2.6.2020 the OP No.1 has intimated that the bonnet, First Aid Kit were available in the stock for delivery and it was not admitted that free of cost service or part will be given or the bumper of the vehicle was dented/repainted or First Aid Kit was not delivered etc. It is also stated that the complainant has created a false story. It is denied that the vehicle is suffering from any defect. Denying all other allegations, the OP No.1 has prayed for dismissal of the complaint.

 

3]       The OP No.2 has also filed written version stating that the relationship between OP No.1 dealer and OP No.2 is that of Principal-to-Principal basis only as per the dealership agreement executed between the OPs and answering OP sells the vehicle to its authorized dealer who sells the same to its customer under their own invoice & sale certificate. It is stated that the complainant is not a ‘consumer’ qua answering OP No.2 as no consideration has been paid to it by the complainant nor the vehicle in question has been sold by answering OP to the complainant. The assertions of complainant about repair of dent and paint of the same in the car in question vide memo dated 12.3.2020 (Ann.C-4) prior to the sale & delivery of the car, the OP No.2 has denied it for want of knowledge.  It is submitted that no payment has been made by the complainant to the answering OP and the answering OP has no obligation to be performed in the transaction of sale of the vehicle in question. Pleading no deficiency in service and denying other allegations, the OP No.2 has prayed for dismissal of the complaint.  

 

4]       Replication has also been filed by the complainant controverting the assertion of the OPs made in their respective reply.

 

5]       Parties led evidence in support of their contentions.

 

6]       We have heard the ld.Counsel for the contesting parties and gone through the entire documents on record including written submissions.

 

7]       The perusal of the record and pleadings reveals that it is admitted case of the parties that the complainant booked the car in question with OP No.1 on 04.03.2020 (Ann.C-1) and the same was delivered to her on 19.3.2020.  From Ann.C-4 & C-5 it is proved that the car in question was repaired for denting & painting on 12.3.2020 i.e. before its delivery to the complainant on 19.3.2020, whereas the complainant was not made aware about the said repairs of denting & painting and she had been sold the car in question as brand new at full price.  The stand of the OP No.1 that Ann.C-4 & C-5 (i.e. repair orders of the car in question) are fake documents is not tenable. We do not find any reason with the complainant to prepare alleged fake documents and such a plea appears to have been taken just to escape from their liability towards the complainant for selling a repaired vehicle under the garb of brand new vehicle.  Moreover, at the time of arguments, in response to the query raised by the Bench, the OP No.1 has submitted that some vehicles require some minor denting & painting on receipt from the manufacturer but he could not give a satisfactory answer/clarification when he was asked as to whether all new vehicle might have this kind of repairs history record prior to sale to customer as new vehicle. Thus, it is clear that the complainant was sold the vehicle in question as a brand new vehicle even though it has been repaired for denting & painting without disclosing the same to the complainant or giving any discount. Such act & conduct of OP No.1 clearly constitute gross deficiency in service and its indulgence into unfair trade practice.

 

8]       In view of above discussion & findings, the present complaint stands partly allowed with direction to OP No.1 to replace the car in question with new one of the same make & model, free of cost or refund its cost of Rs.6,41,397.98 along with interest @9% per annum from the date of sale/17.3.2020 till its actual payment to the complainant.  The OP No.1 is also directed to pay a lumpsum amount of Rs.15,000/- towards compensation for the harassment & loss suffered by the complainant, which also includes litigation costs.

         This order shall be complied with by the OP No.1 within a period of 60 days from the date of receipt of copy of this order.

 

9]       The complaint qua OP No.2 stands dismissed.

 

10]      Pending application(s) if any, stands disposed of accordingly.

        Certified copy of this order be sent to the parties free of charge, after which the file be consigned.  

Announced

14.03.2024                                                          

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (B.M.SHARMA)

MEMBER