West Bengal

Bankura

CC/58/2017

Dr. Pradip Kumar De - Complainant(s)

Versus

M/S Rudra Automobiles - Opp.Party(s)

Jayanta kr. Mukhopadhyay

26 Jul 2023

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 58/2017

Date of Filing: 03.08.2017

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

                    

For the Complainant:  Ld. Advocate Jayanta Kr. Mukhopadhyay

For the O.P.1 & 2 : Self

 

Complainant 

Dr. Pradip Kumar De, S/o Late Panchanan De, at Katjuridanga, Bankura

Opposite Party

1.M/s Rudra Automobile, Keshiakole, Bankura    2. Rudra Hyundai, Ushagram, Asansol

FINAL ORDER / JUDGEMENT                                         

                                                                                                                  

Order No.33

Dated:26-07-2023

Complainant files hazira through advocate.

O.P. 1 & 2 are represented by Biswajit De Sarkar by filing brief notes of argument.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he booked an order for purchase of Model XCENT Hyundai Four Wheeler with Year of Manufacturing 2017 from the O.P.s by executing an Order Booking form on 13/02/2017 with the offer of exchange of his old car No. being WB 68 M 7832 but got delivery of the same of Manufacturing Year- 2016 at the road price. The car was duly registered and insured with Bajaj Allianz General Insurance Co. Ltd. valid initially from 20/02/2017 to 19/02/2018.

After the completion of the transaction and fulfillment of all formalities and obligation the Complainant has ventilated his grievance for supply of car of Manufacturing Year- 2016 instead of Manufacturing Year- 2017 as agreed upon by and between the parties. The O.P.s having failed to satisfy the claim of the Complainant the instant complaint has been filed for the same.

Both the O.P.s  jointly submitted a written version denying all the material allegation made in the complaint and contending inter alia that the Complainant has got delivery of the car of Manufacturing Year-2016 on consideration of the discount under the Car Exchange Offer and so the question of delivery of car of Manufacturing Year-2017 does not arise at all.

                                                                                                                                                                                       Contd……p/2

                                                                                                              Page: 2

-: Decision with reasons: -

Having regard to the facts of the case, submission and contention and documents of both sides the Commission finds that the Complainant has not whispered his any dissatisfaction in the petition of complaint with regard to the price variation between the Car of Manufacturing Year- 2016 and that of 2017 but his only grievance is that he has not got delivery of the Car of Manufacturing Year-2017 as initially agreed upon by and between the parties.

On this point the O.P.s having appeared in person has clarified this issue before the Commission stating that though it was initially agreed in the  Order Booking Form dated:13/02/2017 that the Hyundai Car to be purchased will be of Manufacturing Year-2017 and it was written so in the Order Booking Form dated: 13/02/2017 lying with the Complainant but subsequently at the time of delivery of the Car and also at the time of Registration and Commencement of the Insurance Policy the Hyundai Car of the Manufacturing Year-2016 was to be delivered to the Complainant in consideration of the discount value to be adjusted for Car Exchange Scheme. Otherwise there was no exchange value offer in respect of car of the Manufacturing Year-2017. It is surprising to note that the Order Booking Form in the hand of the O.P.s as produced at the time of hearing along with brief notes of argument shows that the Car is of the Manufacturing Year-2016. Be that as it may the Policy which is an authenticated document shows clearly that the Registered Car is of the Manufacturing Year-2016. The Complainant is well aware of such change in the negotiation between the parties and he cannot therefore take advantage of the same.

For the reasons stated above the Complainant’s case fails for want of merit.

The application of the Complainant filed on 28/01/2019 for passing necessary Order with regard to the Exchanged car No. being WB 68 M 7832 is disposed of hereinbelow with appropriate direction :-

Hence it is ordered……..

That the case be and the same is dismissed on contest but without cost.

O.P.s are directed to effect the transfer of Ownership of the Exchanged Car of the Complainant No. being WB 68 M 7832 in all the relevant documents in accordance with law at the earliest.

Both parties be supplied copy of this order free of cost.

 

____________________                _________________           _________________

HON’BLE   PRESIDENT          HON’BLE MEMBER        HON’BLE MEMBER