Complaint No: 299 of 2019.

                                                                      Date of Institution: 19.09.2019.

                                                                              Date of order:20.10.2023.

Navdip Singh Son of Parshotam Singh resident of Village Veela Teja, Tehsil and District Gurdaspur.

                                                                                                                             …....Complainant.                                                                                                                                                                                                                                                                                                                                                                                 

                                                        VERSUS

Novelty Hyundai, B.G. International Pvt. Ltd., Village Hardo Jhanda Amritsar -Pathankot Road, Batala, District Gurdaspur – 143505, through its Manager.

(Mobile No. 9915472222, 9872562222) GSTIN / UIN 03AAGCB0339L1ZW

CIN U50300PB2014PTC038889, Punjab Code 03.                                                                                                                                                                                                                                                                           ….Opposite party.

                               Complaint U/S 12 of the Consumer Protection Act.

Present: For the complainant: Sh.B.S.Khaira, Advocate.

              For the opposite parties: Sh.Sachin Mahajan, Advocate.

Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.

ORDER

Lalit Mohan Dogra, President.

          Navdip Singh, Complainant (here-in-after referred to as complainant) has filed this complaint under section 12 of the Consumer Protection Act (here-in-after referred to as 'Act') against Novelty Hyundai, B.G. International Pvt. Ltd. (here-in-after referred to as 'opposite party).

2.       Briefly stated, the case of the complainant is that the complainant purchased a new car Creta 1.6 CRDI SX from the opposite party for a consideration of approximately Rs.15 Lacs including Registration certificate charges, insurance etc. and the complainant has paid whole consideration amount of Rs.15 Lacs to the opposite party on dated 25.6.2019. It is further pleaded that employee of the opposite party with fraudulent way deliver the possession of said car at about 8.00 P.M. on same day without giving any chance to inspect the vehicle in question thoroughly. It is further pleaded that after few days the complainant stunned to shock when he came to know that the some parts of vehicle in question is repainted and the vehicle was may be accidental. It is further pleaded that after it complainant approached the opposite party and complained about the said facts on this opposite party denied  and did not give any written receipt of complaint and promised to make solution of the matter with the help of company. It is further pleaded that after that when complainant went to get first service of vehicle in question and again requested opposite party and their employees told that Head Manager Chandan is not available in agency on that day and they will call complainant after discussing with said Chandan. It is further pleaded that after some day for waiting massage from the opposite party regarding the matter in question, complainant again complained online to the opposite party company on 18.07.2019, but company of the opposite party did not take any action with the matter in dispute. It is further pleaded that complainant received phone calls from Head Manager Chandan, he promised that they will change the defected parts of car which are repainted. It is further pleaded that thereafter complainant again visits the opposite party but they denied from their promise. It is further pleaded that the opposite party with fraudulent way intentionally and willfully sell the said defected car to the complainant and grab his hard earned huge money. It is further pleaded that due to this illegal act and conduct of the opposite party the complainant has suffered great loss and also suffered mental agony, Physical harassment and inconvenience. It is further pleaded that there is a clear cut deficiency in services on the part of the opposite party.

          On this backdrop of facts, the complainant has alleged deficiency and negligence in services and unfair trade practice on the part of the opposite party and prayed that necessary directions may kindly be issued to the opposite party to pay the amount of Rs.15 Lacs alongwith interest @ 18% per annum to the complainant OR to exchange the car with new one and the opposite party may also be directed to pay Rs.1 Lac as mental pain, agony and harassment to the complainant, in the interest of justice.

3.       Upon notice, the opposite party appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that the complaint filed by the complainant is not legally maintainable and is liable to be dismissed, as the Complainant has attempted to misguide and mislead the Hon'ble Commission and as such, the complaint is liable to be dismissed on this ground alone. It is further pleaded that the complaint is not legally maintainable and is liable to be dismissed, as no cause of action ever arose in favour of the Complainant against the Opposite Party to file the present complaint and hence, the complaint under reply is an abuse of the process of law and as such, the same is liable to be dismissed, with exemplary cost. It is further pleaded that the present complaint has been filed by the complainant to get undue advantage from the opposite party and to cause harm the reputation of the opposite party. It is further pleaded that there is no deficiency in service as alleged in the present compliant by the opposite party and there is no deficiency in service, malpractice and unfair trade practice on the part of the opposite party as alleged in the present complaint. It is further pleaded that  complaint is based on wrong facts, are liable to be dismissed and  to pressurize and harass the opposite party and to get undue benefits from the opposite party, the present complaint has been filed by the complainant on the basis of wrong facts, as such, the complaint is liable to be dismissed.  It is further pleaded that the complaint is bad for non-joinder of necessary parties. It is further pleaded that manufacturer of the car i.e. HYUNDAI MOTORS INDIA LTD., who has manufactured the car, is a necessary party to the present complaint. It is further pleaded that with malafide intention, the complainant has not impleaded the manufacturer of the car as party to the present complaint; as such complaint is liable to be dismissed. It is pleaded that the car of the complainant was handed over to him as per his own choice and before taking delivery of the car, the complainant himself has checked the car and found everything in perfect condition and before taking delivery of the Car, Satisfactory Note of dated 25.06.2019 was duly issued by the complainant in favour of the opposite party admitted that he is satisfied about the car, accessories, discount, scheme etc. It is further pleaded that the complainant has purchased brand new car being manufactured by the reputed company Hyundai Motors India Ltd. who is having good reputation in the country and the opposite party being the dealer of the said company sold new cars of the company and had also sold brand new car to the complainant. It is further pleaded that allegations leveled by the complainant in the present complainant alleging that the opposite party has sold defective car to the complainant. It is further pleaded that perusal of the documents submitted by the complainant himself showed that car in question was manufactured of the month April 2019 and said car was sold out by the opposite party to the complainant in the month of June 2019. It is further pleaded that the allegations are false one and without any evidence. It is further pleaded that no evidence has been produced by the complainant in his favour to prove his complaint that car was used one and defected one. It is further pleaded that by mere leveling the allegations does not entitle the complainant for the relief as claimed for. It is further pleaded that complainant has to prove his own complaint and he has failed to do so as no documentary evidence has been proved and placed on record by the complainant that car was old one and used one car. It is further pleaded that the documents i.e. provisional Registration Certificate and Form 20 (application for registration of motor vehicle) duly showed that registered car is NEW one and has not been sold out to any person and is not used car. As such, the allegations leveled in the present complaint by the complainant are false one, without any evidence is liable to be dismissed. It is further pleaded that the present complaint is without any merits and evidence. It is further pleaded that  complainant has alleged that the opposite party has sold out used / defected car to the complainant as some parts of the vehicle in question is repainted and vehicle may be accidental. It is further pleaded that the complainant has failed to mention in the complaint that what parts of the car are repainted. It is further pleaded that complainant after purchasing the car in question is the true owner and possessor of the car. It is further pleaded that the complainant is the best person who used the vehicle as per his own choice, where he has driven the car, in which circumstances he has driven the car, it all is known to the complainant and there may be chance that the complainant himself has damaged his own car and himself has repainted the damaged parts from the market at his own. In such circumstances, how it can be ascertained that the opposite party has handed over the defective car to the complainant.

          On merits, the opposite party have reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in service on the part of the opposite party. In the end, the opposite party prayed for dismissal of complaint with costs. 

4.       Learned counsel for the complainant has filed an affidavit of Navdip Singh, (Complainant) alongwith other documents as Ex.C-1 to Ex.C-24.

5.       Learned counsel for the opposite party has tendered into evidence affidavit of Sh. Rajesh Kakaria, (Attorney Holder of M/s. B.G. International Pvt. Ltd., Batala) as Ex.OP-1 alongwith other documents as Ex.OP-2 to Ex.OP-3.

6.       Rejoinder not filed by the complainant.

7.       Written arguments filed by the opposite party but not filed by the complainant.                                                                  

8.       Counsel for the complainant has argued that complainant had purchased a new car worth Rs.15 Lacs and since the delivery of the car was in late hours, as such complainant could not inspect the car properly and later on found that some parts of the car were repainted and as such opposite party had sold repainted car which is required to be replaced with the new car and opposite party be directed to refund the amount of Rs.15 Lacs. alongwith interest.

9.       On the other hand counsel for the opposite party has argued that complainant has not impleaded the manufacturer of the car as a party to the complaint. It is further argued that complainant duly inspected the car before its purchase and complainant has not brought on record any evidence that the car was used one or defective one. It is further argued that complainant must had himself damaged his own car and himself got the same repainted from the market on his own. As such there is no deficiency in service on the part of the opposite party.

10.     We have heard the Ld. counsels for the parties and gone through the record. Perusal of file shows that the car in question was purchased by the complainant on 25.06.2019 vide tax invoice Ex.C8 and the said car was fully insured vide policy of insurance Ex.C10 and as per E-male Ex.C12 the complainant had intimated the opposite party on 18.07.2019 after 23 days of purchase of the car regarding repainting of some parts of the car. The plea of the opposite party is that said car must have been damaged by the complainant himself and got the same repainted. Moreover, the complainant as well as opposite party has not made any efforts to get the said car inspected from some engineer of the car company regarding alleged repainting of the car.

11.     As far as the plea of opposite party regarding non impleading of manufacturer is concerned we are of the view that there is no evidence on record in the shape of report of expert regarding manufacturing defect in the car.

12.     However, a CD disk Ex.C17 placed on record by the complainant which was played in the Commission at the time of final arguments but the same is totally blank. Even the complainant has not placed on record any proof regarding repainting of some parts of the car in the shape of photographs for the inspection of the car and there is no evidence on record that the car being old one. Even the complainant has not moved any application for getting the vehicle examined from expert to prove the alleged defect in the car.

13.     As such we do not find any merit in the present complaint and the same is ordered to be dismissed with no order as to costs.

14.     The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

15.     Copy of the order be communicated to the parties free of charges. File be consigned.                                                                                                                                                               

            (Lalit Mohan Dogra)

                                                                                      President.  

Announced:                                                   (B.S.Matharu)

Oct. 20, 2023                                                        Member.

*YP*