BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 595 of 2019
Date of Institution: 04.10.2019
Date of Decision : 25.09.2023
Mrs. Neerja Garg, aged about 39 years 490, Gali No.12, Aatma Ram Sarpanch Wali Gali, Hari Vishnu Colony, Kirti Nagar, Sirsa, Haryana- 125055.
……Complainant.
Versus
1. M/s Malik Automotives Pvt. Limited, Near Maharaja Palace, Dabwali Road, Sirsa through its Manager/ Incharge.
2. Innova Solution Private Limited, 284/1, Old Mahabalipuram Road, (OMR) Kandanchvedi, Perungudi, P.O. Chennai Channel TN-600096 through its Managing Director.
...…Opposite parties.
Complaint under Section 12 of Consumer Protection Act, 1986
Before: SH. PADAM SINGH THAKUR…….PRESIDENT
MRS. SUKHDEEP KAUR…………MEMBER
SH. OM PARKASH TUTEJA ………MEMBER
Present: Sh. Sanjay Goyal, Advocate for complainant.
Sh. S.L. Sachdeva, Advocate for opposite party no.1.
Opposite party no.2 already exparte.
ORDER
The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the opposite parties (hereinafter referred to as Ops).
2. In brief, the case of complainant is that on 28.05.2018 complainant had purchased vehicle Innova T7 of the manufacturing year of 2018 for an amount of Rs.15,52,808/- having its temporary RC No. HR-24/T/18/5693 from op no.1 vide delivery challan dated 28.05.2018 and paid the above said amount to op no.1. The op no.1 also got insured the above said vehicle through HDFC Ergo General Insurance Company Limited w.e.f. 27.05.2018 to 26.05.2019 against premium amount of Rs.60,985/- which was also paid by complainant to op’s company. It is further averred that op no.1 is authorized dealer of Toyota Company and op no.2 is manufacturing company of Toyota vehicle. The complainant was given one year guarantee of above said vehicle in all respects. That after purchasing the said new vehicle, the complainant came to know that ops have supplied an old vehicle and the window of conductor side of said vehicle is re-painted which clearly shows that said vehicle is old one and intentionally and malafidely the ops have supplied said vehicle to her showing the same to be new one. The re-paint on the window of vehicle is clearly visible. It is further averred that complainant immediately visited to the op no.1 and narrated the true facts and ops have also seen the said re-paint on the window and assured for its replacement from the company and op no.1 retained the said vehicle in the last week of May, 2019 with assurances for its replacement with new one within one week but all in vain. That despite passing of more time, the ops have not listened genuine request of complainant and they have neither replaced the said vehicle nor refunded the costs of vehicle to the complainant. It is further averred that even the complainant made complaint to the care center bearing complaint no. TCM 0519163872 dated 27.05.2019 but all in vain and the ops have not bothered to take any action in the matter and even ops have not bothered to replace the said vehicle with new one and now ops have refused to admit the genuine claim of complainant and ops are pressurizing the complainant to life the vehicle from the showroom in repainted condition. It is further averred that act and conduct on the part of ops comes under ambit of deficiency in service as well as unfair trade practice and complainant is suffering recurring financial losses, harassment and mental agony. That complainant also got served a legal notice dated 17.06.2019 upon ops and also approached the ops and requested to admit her claim but to no effect. Hence, this complaint.
3. On notice, op no.1 appeared and filed written version raising certain preliminary objections regarding non serving of prior notice to ops, estoppal, maintainability, cause of action, suppression of true and material facts, jurisdiction, complaint is false and vexatious, no consumer dispute is made out, complaint is hopelessly time barred and non joinder of necessary parties. On merits, it is submitted that after proper physical verification/ inspection of the vehicle by complainant herself alongwith some mechanic brought by her, the complainant has accepted the vehicle after satisfaction and had taken the delivery of the vehicle. The vehicle in question was handed over to the complainant in well condition. It is further submitted that it is wrong that window of the conductor side of vehicle in question is repainted one and vehicle is old one. That after purchase of vehicle in question the complainant neither brought her vehicle to answering ops for its service purpose nor visited to the office of answering ops with any complaint till today. It is further submitted that complainant never visited the office of op no.1 and never made any complaint, hence, question of giving any assurance for the replacement of window of the vehicle in question does not arise. It is wrong that op no.1 has retained the vehicle in question with it with any assurance of replacement of new one and complainant has concocted a false story to grab money from the answering ops with some ulterior motive. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. The op no.2 despite notice sent through registered cover did not appear and as none appeared on behalf of op no.2 after stipulated period, therefore, op no.2 was proceeded against exparte.
5. The complainant in evidence has tendered her affidavit Ex.C1 and copies of documents i.e. delivery challan dated 28.05.2018 Ex.C2, registration certificate Ex.C3, certificate of insurance cum policy schedule Ex.C4, legal notice Ex.C5 and postal receipts Ex.C6 and Ex.C7.
6. On the other hand, op no.1 has tendered affidavit of Sh. Chhaju Ram Malik, Authorized Officer as Ex.R1 and copies of documents i.e. gate pass Ex.R2, vehicle detail Ex.R3 and job sheets Ex.R4 to Ex.R6.
7. We have heard learned counsel for the complainant and learned counsel for op no.1 and have gone through the case file carefully.
8. The complainant is alleging that op no.1 has sold old vehicle to the complainant and window of the conductor side of said vehicle Innova is repainted, but however, complainant has not placed on file any expert/ mechanical report to prove the said fact that window of the vehicle is re-painted and the vehicle is old one. The complainant purchased the said vehicle from op no.1 on 28.05.2018 and has alleged to have made complaint to ops that window of vehicle is re-painted only on 27.05.2019 i.e. after a period of one year but has not proved on record through any cogent and convincing evidence that vehicle is old one or its window is repainted. Though complainant has alleged that vehicle has been retained by op no.1 with it but from the job sheets placed on file by op no.1 as Ex.R4 to Ex.R6, it is proved on record that vehicle was taken by complainant to op no.1 for its service on 05.02.2020, 06.03.2020 as well as on 09.03.2020. The vehicle has already covered distance of 13936 Kms. on 09.03.2020, therefore, in absence of any expert report it cannot be said that vehicle is old or its window is re-painted and possibility that vehicle is not being run properly cannot be ruled out. Moreover, it is not possible and believable that complainant did not know the fact that the window of the vehicle is re-painted for a period of one year and possibility of mishandling of the vehicle cannot be ruled. The complainant has also failed to prove on record that vehicle is with op no.1 since May, 2019. In these circumstances, the complainant has failed to prove his case through any cogent and convincing evidence and it is also proved on record that complainant has wrongly asserted that op no.1 has retained the vehicle since May, 2019 because vehicle is with the complainant.
9. In view of our above discussion, we do not find any merit in the present complaint and same is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member Member President,
Dated: 25.09.2023. District Consumer Disputes
Redressal Commission, Sirsa.
