PER
Sh. Charanjit Singh, President
1 The complainant has filed the present complaint by invoking the provisions of Section 34, 35 and 36 of the Consumer Protection Act against the opposite parties on the allegations that the complainant is serving as school incharge, Govt. High School Ratta Gudda, Tehsil Patti, District Tarn Taran. The complainant has purchased one Car SVS61MC57 G119-i20 Sportz 1.5 CRDi MT colour Starry Night bearing its Registration No. PB46-AG-6034, Chassis No.MALBB514LMM102523 and Engine no D4FAMM404750 from the opposite parties No. 1 and 2 for a sum of Rs.9,01,800/- vide Invoice No GTCS-2122-1199 dated 27.12.2021 duly issued by the opposite parties under their signature to the complainant. The complainant had got financed the above said car from State Bank of India now merged into State Bank of Patiala Branch Patti, Tehsil Patti, District Tarn Taran and the above said car loan is being deducted from the saving bank account of the complainant bearing No.55063833168. Since the date of purchase of above said car the complainant had been going on duty on this car and on 28.07.2022 morning some internal problem started in the engine of the above said car and due to this reason, the engine of the above said car had been stopping functioning at any moment even while going in speed on the road. On 28.07.2022 after noon the complainant was coming back from his duty and the engine of the above said car stopped on that day adjacent to government College Patti, District Tarn Taran and the complainant tried his level best to get start the above said car, but the above said car could not be started and the engine of the above said car was stopped permanently and did not start the same. On the same day the complainant contacted the opposite party No.2 telephonically and informed him about the above said internal engine problem of the car and at that time the opposite party No.2 stated to the complainant that you should bring the above said car in the agency and the complainant replied him that he himself is unable to do so. Thereafter on 30.7.2022 one technician namely Amritpal Singh came to the complainant who took the above said car of the complainant to the agency of opposite parties on 30.7.2022 vide vehicle condition report. Since 30.7.2022, the complainant is getting information from the opposite party No. 2 about the repair of the above said car, but the opposite party No. 2 is lingering on the matter under one pretext or the other and is not giving any satisfactory reply and the complainant is being harassed by the opposite parties from the last more than 1½ month and lastly the opposite party No. 2 stated to the complainant that he should move complaint against him to his higher authorities for redressal of grievances. The above said acts committed by the opposite parties falls within the ambit of deficiency in services and malpractice. The complainant is going on duty from Patti to village Ratta Gudda, Tehsil Patti by way of hiring a car on rent and the complainant is paying a sum of Rs. 1,000/- daily to the car. The complainant has prayed that the opposite parties may be directed to
- To accept the genuine claim of the complainant, to get repair of the above said car and to hand over the same to the complainant immediately without any further delay to the complete satisfaction of the complainant.
- To replace the above said car with a new one of the same model and value.
- The damages and compensation to the tune of Rs.5,00,000/- be also awarded in favour of complainant and against the opposite party for unnecessary harassment, inconvenience, agony and mental tension suffered by the complainant at the hands of the opposite party.
- To pay a sum of Rs. 50,000/- as litigation expenses to the complainant.
Alongwith the complaint, the complainant has placed on record his affidavit Ex. C-1, self attested copy of Adhar Card Ex. C-2, Self attested copy of driving license Ex. C-3, Self attested copy of registration certificate Ex. C-4, Self attested copy of invoice dated 27.12.2021 Ex. C-5, Self attested copy of provisional registration certificate Ex. C-6, Self attested copy of insurance Ex. C-7, Self attested copy of vehicle condition report form/ Job Record Ex. C-8.
2 Notice of this complaint was sent to the opposite parties and the opposite parties refused to receive the summons of this commission and no one appeared on behalf of opposite parties and consequently, the opposite parties were proceeded against exparte.
3 We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.
4 The complainant has produced on record his affidavit Ex. C-1 and declared that he is serving as school incharge, Govt. High School Ratta Gudda, Tehsil Patti, District Tarn Taran. The complainant has purchased one Car SVS61MC57 G119-i20 Sportz 1.5 CRDi MT colour Starry Night bearing its Registration No. PB46-AG-6034, Chassis No.MALBB514LMM102523 and Engine No D4FAMM404750 from the opposite parties No. 1 and 2 for a sum of Rs.9,01,800/- vide Invoice No GTCS-2122-1199 dated 27.12.2021 duly Ex. C-5 issued by the opposite parties under their signature to the complainant. The registration certificate of the vehicle is Ex. C-4. He further declared that since the date of purchase of above said car the complainant had been going on duty on this car and on 28.07.2022 morning some internal problem started in the engine of the above said car and due to this reason, the engine of the above said car had been stopping functioning at any moment even while going in speed on the road. He further contended that on 28.07.2022 after noon the complainant was coming back from his duty and the engine of the above said car stopped on that day adjacent to Government College Patti, District Tarn Taran and the complainant tried his level best to get start the above said car, but the above said car could not be started and the engine of the above said car was stopped permanently and did not start the same. On the same day the complainant contacted the opposite party No.2 telephonically and informed him about the above said internal engine problem of the car and at that time the opposite party No.2 stated to the complainant that you should bring the above said car in the agency and the complainant replied him that he himself is unable to do so. Thereafter on 30.7.2022 one technician namely Amritpal Singh came to the complainant who took the above said car of the complainant to the agency of opposite parties on 30.7.2022 vide vehicle condition report. Since 30.7.2022, the complainant is getting information from the opposite party No. 2 about the repair of the above said car, but the opposite party No. 2 is lingering on the matter under one pretext or the other and is not giving any satisfactory reply and the complainant is being harassed by the opposite parties from the last more than 1½ month. The above said acts committed by the opposite parties falls within the ambit of deficiency in services and malpractice. The complainant is going on duty from Patti to village Ratta Gudda, Tehsil Patti by way of hiring a car on rent and the complainant is paying a sum of Rs. 1,000/- daily to the car.
5 The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Parties are proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Parties and opposite parties did not appear in the Commission in order to contest the complaint which shows that the Opposite Parties have nothing to say upon the allegations leveled against them by the complainant. As such, the complainant is entitled to the relief claimed in the complaint and it stands established on record that the complainant is approaching the opposite parties several times but the opposite parties did not care to resolve the matter, not only committed deficiency in service, but also indulged in an unfair trade practice.
6 The complainant has claimed the relief of replacement of the above said car with a new one of the same model and value and also made prayer regarding the repair of the above said car, however, in view of the evidence and circumstances of the instant complaint ends of justice will meet if direction in the present case for repair of the car to the satisfaction of the complainant is given. The complainant has established on record that he purchased the new car only on 27.12.2021 and within a short span of time, defect comes in the car in question and the complainant has approached the opposite parties, but the opposite parties did not repair the car and car is still lying with the opposite parties and the opposite parties have not come forward to this commission to present their case, rather they have refused to receive the notice of this case, it shows the behaviour of the opposite parties and on approaching the complainant, the opposite parties have not resolved his problem, it amounts to deficiency in service and unfair trade practice.
7 In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite parties. The opposite parties are directed to repair the car of the complainant free of cost to the satisfaction of the complainant within 15 days of the order. The opposite parties have harassed the complainant for a long time, as such, the complainant is also entitled to Rs. 30,000/- ( Rs. Thirty Thousand only) as compensation on account of harassment and mental agony and Rs 20,000/- ( Rs. Twenty Thousand only) as litigation expenses. Opposite Parties are directed to pay compensation and litigation expenses to the complainant within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Commission and due to COVID-19. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.
Announced in Open Commission.
