DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD Dated this the 24th day of October 2009.
Present : Smt. H. Seena, President : Smt. Preetha.G. Nair, Member : Smt. Bhanumathi.A.K. Member C.C.No.150/2007
C. K. Mohan Swapna Sadan Main Road Koduvayoor Palakkad - Complainant (Adv.P.Sreeprakash) V/s
M/s. Sitaram Motors N H Bye Pass Road Chandra Nagar Palakkad - Opposite party (Adv. Ullas Sudhakaran) O R D E R By Smt. Bhanumathi.A.K, Member The complaint in short is as follows. The complainant is the owner of MARUTHI WAGON R LX B5111 Car. For the purpose of purchasing a Maruthi Car, complainant went to the showroom of the opposite party and explained his intention to buy a 2007 Model Maruthi Car. The practice followed by the complainant was to use brand new car for a period of not more than 5 years, sell it of and purchase a new car. Complainant personally ascertained regarding the year and month of manufacture. Salesman of the opposite party states that the year of manufacture is 2007 and the month he has to ascertain from records. Rs.500/- was paid as advance and the vehicle was booked.
On 29th March, 2007 the vehicle was delivered with all necessary documents except the registration certificate. All the arrangements for registration and insuring the vehicle was done at the Opposite party's office. In the Insurance Certificate the year of manufacturing is clearly shown as 2007. The chassis number and engine number of the vehicle are 464078 and 4287913 respectively. After few days complainant received the original Registration Certificate. The year of manufacturing mentioned in the Registration Certificate was 2006. - 2 - The complainant was really shocked and contacted the salesman of the Opposite party and informed him about the fact. Salesman promised to rectify the mistake as and when the cut off Chassis letter from the manufacturer is received. Several enquiries were made by the complainant but there was no positive response from the side of Opposite party. At last the complainant contacted the Sales Manger and collected a copy of the Chassis cut off letter. After verification of the letter the complainant was convinced that he has been cheated by the opposite party. The year of manufacturing of the said vehicle is 2006 in the Registration Certificate Book. The act of the opposite party suppressing the year of manufacturing amounts to unfair trade practice. This was done with a specific intention to make unlawful gain to the opposite party. The year of manufacturing of the vehicle is noted in the Insurance Certificate is 2007 which creates many difficulties. The legal consequence in absence of Insurance coverage to the vehicle as well as the loss of Rs.11,335/- paid towards the premium . In the event of an accident or damage to the vehicle the value will be calculated on the basis of the make of the vehicle. When the vehicle is old there will be proportionate depreciation. So the complainant approached the Forum seeking an order directing the opposite party to pay an amount of Rs.91,000/- towards compensation or to substitute a brand new 2007 model vehicle and to pay a compensation of Rs.25,000/- towards mental agony.
Complaint admitted. Opposite party entered appearnace and filed version denying all the contentions raised by the complainant . It is admitted by the opposite party that the complainant has purchased a Maruthi Wagon R LX BSIII Model Car from their show room. The Salesman of the opposite party did not mislead the complainant as the vehicle selected by the complainant is a 2007 model. The vehicle selected by the complaint is a LPG variant and in the calibration plate fitted near LPG filling tank of the vehicle, the year of manufacture is clearly stated as 2006. The calibration display plate is highly conspicuous, and it is practically impossible that a customer would miss it. In fact the complainant had seen the said calibration plate and was aware of the fact that the vehicle selected by him is a 2006 model and same was informed by the salesman of the opposite party. As a 2007 model vehicle with the colour of the complainant's choice was not readily available and as the complainant was not ready to wait for taking delivery, complainant out of his free will - 3 - purchased the 2006 model fully knowing that the vehicle purchased by him is manufactured by Maruthi Udyog Ltd in the year 2006. According to Opposite party, the complainant purchased the said vehicle and after a week he contacted the opposite party and enquired whether the vehicle purchased by him could be changed into a 2007 model and it was rightly informed from the office of the opposite party that the same could be done only after verifying whether the said vehicle is within the cut off chassis number for the year 2007 notified by the manufacturer, Maruthi Udyog Ltd. After verifying the chassis cut off number for the year 2007, published by the manufacturer the complainant was informed that the chassis number of the vehicle purchased by him is not in the list published by the manufacturer and hence it is not possible to cause any change in the year of manufacture as requested by the complainant. Complaint is liable to be dismissed directing the complainant to pay compensatory cost to the opposite party. Hence there is no deficiency in service or unfair trade practice on the part of opposite party.
Both parties filed affidavit. Exhibit A1 to A5 are marked on the side of the complainant. No documentary evidence is adduced by the opposite party. Commission Report is marked as Exhibit C1.
The issues to be considered are whether the act of opposite party amounts to unfair trade practice? Wheter there is any deficiency in service on their part? If so what is relief and cost?
We perused the relevant documents on record and heard the parties in detail Issues 1 & 2 The grievance of the complainant is that the complainant approached the opposite party to buy a 2007 model Maruthi Car. The complainant selected a Passion Red WagonR LS BSIII Car. The complainant personally ascertained regarding the year and month of manufacture. Salesman of the opposite party stated that the year of manufacture is 2007 and month he has to ascertain from records. In the Insurance Certificate handed over to the complainant the year of manufacturing is clearly shown as 2007. After few days complainant received the original Registration Certificate. The year of manufacture mentioned in the Registration Certificate is 2006. These facts are supported by Exhibits A2 and A3 documents. After getting the Registration Certificate, the complainant was convinced that he has been cheated by opposite party.
According to the complainant, the date of manufacturing of the vehicle was suppressed by the opposite party and he purchased the vehicle believing it to be a 2007 model. But the Registration Certificate shows that the year of manufacturing is 2006.
The version of the opposite party is that the complainant purchased the 2006 model car fully knowing that it is a 2006 model as a 2007 model vehicle with the colour of the complainants choice was not readily available. After purchasing the vehicle the complainant contacted the opposite party and enquired whether the vehicle purchased by him could be changed into a 2007 model. The opposite party informed the complainant that the same could be done only after verifying whether the said vehicle is within the cut off chassis number for the year 2007 notified by the manufacturer. After verifying the chassis cut off number for the year 2007 published by the manufacturer, the vehicle purchased by the complainant is not found to be in the list published by the manufacturer.
Further the vehicle purchased by the complainant was a LPG Variant and in the calibration plate fitted near the LPG filling tank, the year of manufacturing is clearly stated as 2006. The same is highly conspicuous also.
The only question to be decided is whether complainant has purchased the vehicle knowing it to be a 2006 model. As admitted complainant is a person who is in the habit of using brand new car for a period of not more than 5 years and sell it of and purchase new car. So complainant is a very experienced person in the deal of vehicles. More over the vehicle purchased by the complainant is LPG Variant.
The year of manufacturing is clearly stated in the calibration plate fitted near the LPG filling Tank in the vehilce. Exhibit C1 shows that "On the calibration plate conspicuously it - 5 - is engraved that chassis No.464078 Auto LPG Tank ID No.DII77, date of installation 17/10/2006 MINDA IMPCO" it is the duty of a person who intents to buy something sel;ect the same after verification. From the foregoing discussions we are of the view that that there is no deficiency in service on the part of opposite party.
In the result, complaint dismissed. No order as to cost.
Pronounced in the open court on this the 24th day of October 2009.
MEMBER (SD)
MEMBER (SD)
APPENDIX
Witness examined on the side of Complainant Nil Witness examined on the side of Opposite party Nil Exhibits marked on the side of the complainant Ext. A1 – Retail Invoice dated 03/02/2004 of Sitaram Motors, Palakkad Ext.A2 - Copy of Certificate of Registeration for KL-09-V-96 Ext A3 - Certificate of Insurance of New India Assurance Company Ltd
4. Ext. A4 – Copy of Registered letter dated 04/10/2007 5. Ext. A5 – Copy of Lawyer notice dated15/09/2007
Exhibits marked on the side of the Opposite Party Nil Forums Exhibits Exhibit C1 – Commission report
......................Smt.Bhanumathi.A.K
......................Smt.Preetha.G.Nair
......................Smt.Seena.H | | 
