DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 8th DAY OF JULY, 2024.
PRESENT : SRI. VINAY MENON .V, PRESIDENT
: SMT.VIDYA A., MEMBER.
: SRI. KRISHNANKUTTY N.K, MEMBER.
DATE OF FILING: 29.01.2024.
CC/45/2024
Suresh M, S/o.Ramachandran Nair, - Complainant
Panthaparambil House,
Mudappallur, Vandazhi II Village,
Alathur Taluk, Palakkad Dist.678 705.
(Adv.P.Shibu)
Vs
1. Nippon Motor Corporation Pvt. Ltd., -Opposite Parties
(U Trust), X1X/9C, Nippon Towers,
Nippon Toyota, NH-47,
H.M.T. Junction, Kalamassery,
Ernakulam Dist.
2. Nippon Motor Corporation Pvt. Ltd.,
(U Trust), X1X/9C, Nippon Towers,
Nippon Toyota, NH-47,
H.M.T. Junction, Kalamassery,
Ernakulum Dist.
Rep. by Manager.
(Both OPs-Ex-parte)
ORDER
BY SMT.VIDYA A., MEMBER.
1. The complainant approached the 1st opposite party for the purchase of 2nd hand vehicle ‘Toyota Liva’ through the 2nd opposite party. He booked the vehicle on 04.11.2023 after fixing the total value of the vehicle as Rs.3,30,000/-; out of which, he paid Rs.1,30,000/- to the 1st opposite party on the same day.
He purchased the vehicle on the assurance given by the 2nd opposite party that the vehicle is in good condition and it is free from any damage. Further, if any damages occur within three months, the 1st opposite party is responsible and they are ready to repair it free of cost. But, he didn’t get any opportunity to test drive the vehicle before purchase.
The complainant paid the balance amount of Rs.2 lakhs on 06.11.2023 and the vehicle was delivered to him on that day.
After purchase, he noticed some colour difference in the left side doors of the vehicle and in a portion of the front door. Further, he noticed loud sound from the silencer, hardness in the clutch and increase in the dicky sound. He intimated this to the 2nd opposite party on the next day itself and he promised to cure the defects. But, they did not do anything to repair the vehicle. He has to spend about Rs.40,000/- for repair of the vehicle.
The acts of the opposite party in selling a defective vehicle amounts to deficiency in service on their part. Further, the opposite parties assured to give the RC book within 45 days and they did not do it even after 60 days.
So, the complainant approached the Commission with this complaint for directing the opposite parties.
1) To repair the vehicle or in the alternative to give Rs.40,000/- as the cost of repair.
2) To pay Rs.1 lakh as compensation for the mental agony suffered by him and such other reliefs which the Commission finds fit to grant.
2. After admitting complaint, notices were issued to the opposite parties. But, the opposite parties did not appear or file version. So, their name was called in open court and they were set ex-parte.
3. Complainant filed proof affidavit and Exts.A1 to A6 were marked. Originals of Exts.A1 to A6 were returned after verification. Heard the complainant.
4. The complainant’s case is that the 2nd hand vehicle which he bought from the first opposite party had some defects like colour difference in the doors on the left side and a portion of front door, emission of large sound from the silencer, hardness in the clutch and increase in the dicky sound. He intimated these defects to the 1st opposite party and they promised to cure the defects. But, they did not do anything. Complainant produced six documents which were marked as Exts.A1 to A6. Ext.A1 is the copy of RC, Ext.A2 is the copy of order booking form, Ext.A3 is the copy of delivery receipt, Ext.A4 to A6 are the copies of receipt vouchers showing the payment of Rs.1,10,000/-, Rs.90,000/- and Rs.1,30,000/- respectively.
So, it is clear that the complainant purchased the vehicle by paying an amount of Rs.3,30,000/-.
5. As per the terms and conditions in Ext.A2, the complainant had accepted the present condition and price of the vehicle and signed the form. The column in Ext.A2 “Any other job required/commitment” contains only the statement that “the above agreed price is based on the condition of the vehicle at the time of booking”. Further, Ext.A3, delivery receipt, also contains the condition that the purchaser will be responsible for the maintenance, accident, Rod tax, Insurance, Challans or any kind of misuse after taking delivery of the vehicle.
6. While purchasing a second hand vehicle, the purchaser has to be diligent and has to check its condition by test driving it and has to verify other aspects. Complainant’s case is a classical example where the principle of “caveat emptor” applies. Aforesaid aspects apart, the complainant has not adduced any evidence to prove his contentions.
In the absence of evidence, We are not inclined to allow the complaint.
In the result, complaint is dismissed.
Pronounced in open court on this the 8th day of July, 2024.
Sd/-
VINAY MENON .V, PRESIDENT
Sd/-
VIDYA A., MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: Copy of Certificate of Registration of Toyota Liva Registration No.41-F-5921.
Ext.A2: Copy of Order Booking Form from Nippon Motor Corporation (P) Ltd. dated 04.11.2023.
Ext.A3: Copy of Delivery receipt of Toyota Liva Registration No.41-F-5921 dated 06.11.2023.
Ext.A4: Copy of Receipt voucher No.Ho/U/23-24/327 of Rs.1,10,000/- dated 06.11.2023.
Ext.A5: Copy of Receipt voucher No.Ho/U/23-24/327 of Rs.90,000/- dated 06.11.2023.
Ext.A6: Copy of Receipt voucher No.HO/U/23-24/327 of Rs.1,30,000/- dated 06.11.2023.
Document marked from the side of Opposite party: Nil
Witness examined on the side of the complainant: Nil.
Witness examined on the side of the opposite party: Nil
Court witness: Nil
Cost : Nil.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5)of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
