Chandigarh

DF-II

CC/506/2020

Sunil Bhardwaj - Complainant(s)

Versus

M/s Krishna Motor Garage - Opp.Party(s)

J.R. Syal Adv

08 Jul 2024

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	506 of 2020
Date  of  Institution	:	01.10.2020
Date   of   Decision	:	08.07.2024

 

 

 

 

Sunil Bhardwaj son of Sh. Ram Chand, Partner United Global Packaging LLP, Cabin No.2, Shop No. 52, 1st Floor, Old Ropar Road, Manimajra, Chandigarh, Resident of House No. 287, Sector 22-A, Chandigarh.     

    …..Complainant

 

Versus

1]  M/S Krishna Motor Garage, Plot No. 178-178A, Indl. & Business Park, Elante Mall, Phase-I, Chandigarh, through its Managing Director.

2] M/S MG Motor India Private Limited, 10th Floor, 32nd Avenue, Saini K hera Village, Sector 15, Guru gram,

     ….. Opposite Parties

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                MEMBER

                               

Argued by:-     Sh.J.R.Syal, Counsel for the complainant

Sh.Jagvir Sharma, Counsel for OP No.1.

Sh.Bhanu, Adv. proxy for Sh.Mukesh Tomar, Counsel for OP No.2.

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

1]       The complainant has filed the present complaint pleading that he booked HECTOR Diesel 2.0 M.T Sharp BSIV Car for his personal/official use with OP No.1-M/S Krishna Motor Garage on 21.07.2019 by depositing an amount of Rs.50,000/- towards booking (Ann.C-1). It is stated that since the delivery of the booked vehicle was not made even upto Nov./Dec., 2019, so he asked the OP No.1 to deliver him a vehicle manufactured in the year 2020, which was agreed upon by OP No.1.  Accordingly, the Complainant was given the delivery of the aforesaid vehicle on 15.01.2020 (Ann.C-2) and the month & year of manufacture of the vehicle was shown to be as 01/2020 in the Sale Certificate in Form 21 (Ann.C-3).

         It is pleaded that the complainant when started the vehicle on the very next day, he was astonished to find display showing the year of manufacture of the vehicle to be of the year 2019 (Ann.C-4).  The matter was brought to the notice of the OPs as to why they delivered car model of 2019 instead of 2020 despite assurance.  A legal notice AnnC-5 was also sent to the OPs in this regard but to no avail. Hence, this complaint has been filed alleging the said act & conduct of the OPs as gross deficiency in service and unfair trade practice with a prayer to direct the OPs to replace the vehicle manufactured in 2019 with brand new vehicle manufactured in the year 2020 or refund the price of the vehicle in question as well as to pay compensation and litigation expenses.

 

2]       After service of notice, the OP No.1 appeared before this Commission through counsel and filed written version  stating that  Vehicle identification number (VIN) is allotted to every vehicle manufactured separately and every VIN is embossed on the chassis of the vehicle which helps in the identity of the vehicle for the next 30 years. It is stated from the VIN allotted to the complainant's vehicle, it shows that it was manufactured in January, 2020, as MZ7 is mentioned against WMI, ADIDDA is mentioned against VDS and 3H017514 is mentioned against VIS. It is also stated that the registration authority verifies all these indicators before mentioning the same in the registration certificate and it is verifiable from the RC of the vehicle which shows the year of manufacturing is mentioned as 2020. Denying other allegations, the OP No.1 has prayed for dismissal of the complaint.

         The OP No.2 has also filed written version and while admitting the sale of the vehicle stated that the Model Year as displayed on the Head Unit of the MG Hector Cars refers to the manufacturing year of the Head Unit and not the particular Car. It is stated that the year of manufacture of any vehicle can be identified from its VIN which is punched or embossed on the chassis or frame of the vehicle which is a unique combination of characters as well as mentioned on the Sale Certificate and the Registration Certificate. It is denied that the Opposite Parties have delivered the complainant a Car which was manufactured in the year 2019 instead of the year 2020 or it has downgraded the year of manufacture of the vehicle. It is pleaded that the car in question delivered to the complainant was manufactured at the OP Plant in January 2020 itself. Other allegations have been denied and it is prayed that the complaint be dismissed.   

 

3]       Replications have also been filed by the complainant controverting the assertions made by the OPs in their written versions.

        

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the contesting parties and have gone through the entire record including written submission. 

 

6]       The perusal of the documents on record as well as pleadings of the parties reveals that the claim of the complainant is that the OPs have supplied him a 2019 Model Car instead of 2020 Model at the time of delivery i.e. 15.1.2020 and placed reliance on Ann.C-4, which is a screen short of display of the car in question showing it to be of 2019 Model.  It is observed that in this very document Ann.C-4 the details of the vehicle i.e. Registration Number or Chassis Number are not reflecting to show as to which vehicle it relates.  Moreover, the complainant has not placed on record the Registration Certificate of the vehicle in question issued by Licensing Authority, Chandigarh so that the Model of the car could be checked. It is also observed that the complainant has failed to adduce sufficient documentary evidence to prove his case of alleged supply of old model of the car.  Hence, no case of deficiency in service or unfair trade practice is made out against the OPs.

 

7]       In view of the above discussion & findings, we are of the opinion that the complaint deserves to be dismissed. Therefore, the present consumer complaint stands dismissed.  No order as to costs.

8]       The pending application(s) if any, stands disposed off accordingly.

9]       Office is directed to return the complaint to the complainant against proper receipt and after retaining its copy.

        The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.

Announced

08.07.2024                                                           sd/-

                                                            (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER