Delhi

New Delhi

CC/946/2013

Anjali Hansraj & Anr. - Complainant(s)

Versus

M/S. Synergy Cars & Anr. - Opp.Party(s)

09 Jul 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/946/13                       Dated:

In the matter of:

MS.ANJALI HANSRAJ

W/O LATE SH. HANS RAJ

1367/18, BAISLWA COLONY,

OLD FARIDABAD, FARIDABAD-121007

                 ……..COMPLAINANT

       

VERSUS

 

1.   M/S. SYNERGY CARS

(A UNIT OF KONCEPT AUTOMOBILES PVT. LTD.AUTHORISED  DEALER FOR: MAHINDRA & MAHINDRA LTD.

B-2/16, SAFEARJNG ENCLAVE,

NEW DELHI-110029

 

  2    M/S. KONCEPT AUTHOMOBILES PVT. LTD

1-40, MOHAN CO-OPEATIVE,

MATHURA ROAD,  NEW DELHI-110044

 

  3.   MAHINDRA & MAHINARA LTD.

MAHINDRA TOWERS, NEAR P K KURNE

DR. G M BHOSLA, WORLI,

MUMBAI-400063.

………. OPPOSITE PARTIES

 

 

ORDER [ORAL]

Date of Arguments: 07.07.2015

MEMBER:  RITU GARODIA

 

Present:    Complainant and OP-3. None for OP-1&                        OP-2.

 

The short facts of complaint are that a vehicle XUV costing Rs.14,27,860/- bearing chasis number MAIYL44JUC6B75511 was purchased from OP 1 & 2 and delivered on 05/12/2012 and Gate Pass was issued. The vehicle started having problems from the beginning and was taken for repairs almost every month. Complainant on 09/09/2013 requested the Engineer of OP-1 & OP- 2 to show the history of vehicle. Comprehensive job sheet of various repairs was filed which showed repair started from 22.10.2012. Job sheet annexed with complaint. Complainant became aware that the vehicle had an accident and had been repaired much before the date of purchase and thereafter continued to face problems with running of vehicle. A complaint was consequently filed.

OP-3 in its version in Para 6 of para wise reply had admitted to the repair of vehicle before the sale to company. They have also admitted that the tender and bumper had scratches due to inappropriate storage and fog lamps were faulty. However, OP-3 denied any accident.

OP-1 & OP-2 have admitted the defects to the vehicle to the extent of scratches on fender and bumper and faulty fog lamps. OP-1 & OP-2 also state that break and suspension of vehicle was faulty due to manufacturing defects.

We have carefully considered the arguments along with pleadings and documents on record. Job sheet annexed indicates that vehicle was taken for accidental repair and first repair was done before its sale on 21.10.2012.  Thereafter vehicle was sent for repair on 23.12.2012, 26.2.2012, 6.3.2013, 25.7.2013, 22.9.2013, 20.12.13.  It is apparent from the job sheets, that there was defect in the vehicle since delivery. Careful scrutiny of job sheet further reveals that vehicle had been sent for accidental repair on 22.10.2015, much before the delivery of vehicle on 5.12.2015.  OP-1 & OP-2 has committed severe breach of trust by selling a vehicle under the pretext of mint new product when they were aware that an accident has occurred with the vehicle earlier.  OPs have admitted to the faulty part.  The acts of OP-1 & OP-2 in selling and delivery of vehicle with admittedly replaced part cannot be condoned.  OPs have not placed any cogent and convincing reason for delivery of defective product while stating it to be new.  OP-1 & OP-2 have indulged in unfair trade practice along with gross negligence in giving a defective vehicle.

We, therefore, hold OP guilty of unfair trade practice of selling an expensive accidental vehicle and deceptive services and direct OP-1 & OP-2 to pay consolidated compensation of Rs.2,40,000/- for harassment and physical inconveniences faced by unfortunate customer while dealing with ethically questionable practice propagated by OPs.  We also award Rs.25,000/- as litigation expenses.

The payment be made within 30 days of the receipt of the copy of the order; otherwise action will be taken under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

Pronounced in open Court on 09.07.2015.

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(RITU GARODIA)

MEMBER