Jammu and Kashmir

Jammu

CC/113/2018

HARMEET KOUR - Complainant(s)

Versus

PEAKS AUTO - Opp.Party(s)

KK PANGOTRA

21 Jul 2018

ORDER

DISTRICT    CONSUMER     DISPUTES   REDRESSAL  FORUM, JAMMU

                (Constituted under J&K Consumer Protection Act,1987)

                                                         

 Case File  No                 464/DFJ         

 Date of  Institution     23-02-2018

 Date of Decision          16-07-2018

 

Mrs.Harmeet Kour,

D/O Harbans Singh,

W/O Harminder Singh,

R/O 84/3 Trikuta Nagar,Jammu.

                                                                                                                                  Complainant

                 V/S

1.Chairman/Managing Director,

  Peaks Auto Jammu Pvt.Ltd.

(Authorised Dealer of Maruti Suzuki India Ltd.),

Near Bahu Plaza,Nanak Nagar Road,Jammu.

2.M/S Maruti Suzuki India Ltd.

Regd.Office Plot No.1 Nelson Mandela Road,

Basant Kunj,New Delhi-110071.

                                                                                                                                   Opposite parties

CORAM

                  Khalil Choudhary-             (Distt.& Sessions Judge)  President

                  Ms.Vijay Angral                                                               Member

                  Mr.Ghulam Sarwar Chouhan                                       Member

 

In the matter of: Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

      

Mr.K.K.Pangotra, Advocate for complainant, present

Nemo for OP1.

Ms.Aruna Thakur,Advocate for OP2,present.

                                               

                                                              ORDER

                          Shorn of unnecessary details, allegation of complainant is that, she purchased  ALTO Car bearing Engine No.S891318 and Chasis No.B35586 on,20-09-2017 from OP1 who is authorized dealer of OP2 for an amount of Rs.3,70,000 and got the said car insured by OP1 with M/S National Insurance Co.Ltd.and premium of Rs.15,957/-was paid. According to complainant after taking the delivery of car from OP1,she approached the office of RTO Jammu with all requisite documents required for registration of vehicle. Allegation of complainant is that the office of RTO Jammu in the month of Oct.2017 on verification told her that the vehicle with same Chassis and Engine No.has already been registered with Registering Authority Nalbarie(Assam)under Registration No.AS14F-5666 and office of RTO Jammu refused to register the vehicle of complainant. Complainant further submitted that the matter was brought to the knowledge of OPs and requested for replacement of said vehicle as it was not safe and possible for her to ply the said car without, but despite repeated visits,OPs did not provide car in replacement of car and she was compelled to approach SHO Trikuta Nagar,Jammu with complaint to register case against OPs as she had been cheated by selling the car with fake Chasis and Engine number. Complainant further submitted that on complaint,SHO Trikuta Nagar Jammu called OP1 in the Police Station and asked OP1 to replace the car immediately who assured replacement within week’s time and also provided DEMO Car till the car in replacement be handed over to her and this was done by OP1 to avoid criminal case against him of cheating and fraud. That the complainant did not use the DEMO Car with the fear that the same may be damaged due to any incident/accident. Complainant further alleged that she repeatedly approached OPs for replacement of car as agreed and assured by OP1 in the Police Station, but despite that till date the car has not been handed over to her and dilly dallied on one pretext or the other and this act of Ops constitutes deficiency in service and un-fair trade practice. Hence the present complaint. In the final analysis, complainant prays for a direction to Ops to handover the car in replacement of car and in addition also prays for compensation and litigation charges.

               Notices alongwith copies of complaint were sent to OPs through registered cover. Perusal of file reveals that L/C for OP2 appeared on,26-04-2018 and filed vakalatnama on behalf of OP2,but failed to file objections during statutory period of forty five days, whereas OP1 was served on,26-02-2018,therefore,in view of judgment of Hon’ble Supreme Court passed in New India Assurance Co.Ltd.V/S Hilli Multi Purpose Cold Storage AIR 2016 SC 86,the written version filed by OPs cannot be considered.

             Complainant adduced evidence by way of duly sworn evidence affidavit and affidavit of Narinder Singh. Complainant has placed on record copy of invoice, copy of sale certificate, copy of temporary registration mark, copy of delivery challan, copy of tax invoice and copy of complaint registered against M/D Peak Auto Pvt.Ltd.

We have perused case file and heard L/Cs for the parties at length.

Briefly stated case of complainant is that, she purchasedALTO Car bearing Engine No.S891318 and Chasis No.B35586 on,20-09-2017 from OP1 who is authorized dealer of OP2 for an amount of Rs.3,70,000 and got the said car insured by OP1 with M/S National Insurance Co.Ltd.and premium of Rs.15,957/-was paid. According to complainant after taking the delivery of car from OP1,she approached the office of RTO Jammu with all requisite documents required for registration of vehicle. Allegation of complainant is that the office of RTO Jammu in the month of Oct.2017 on verification told her that the vehicle with same Chassis and Engine No.has already been registered with Registering Authority Nalbarie(Assam)under Registration No.AS14F-5666 and office of RTO Jammu refused to register the vehicle of complainant. Complainant further submitted that the matter was brought to the knowledge of OPs and requested for replacement of said vehicle as it was not safe and possible for her to ply the said car without, but despite repeated visits,OPs did not provide car in replacement of car and she was compelled to approach SHO Trikuta Nagar,Jammu with complaint to register case against OPs as she had been cheated by selling the car with fake Chasis and Engine number. Complainant further submitted that on complaint,SHO Trikuta Nagar Jammu called OP1 in the Police Station and asked OP1 to replace the car immediately who assured replacement within week’s time and also provided DEMO Car till the car in replacement be handed over to her and this was done by OP1 to avoid criminal case against him of cheating and fraud. That the complainant did not use the DEMO Car with the fear that the same may be damaged due to any incident/accident. Complainant further alleged that she repeatedly approached OPs for replacement of car as agreed and assured by OP1 in the Police Station, but despite that till date the car has not been handed over to her and dilly dallied on one pretext or the other and this act of Ops constitutes deficiency in service and un-fair trade practice.

                 The complainant in her affidavit and affidavit of Narinder Singh have supported the averments of the complaint. There is no evidence on record produced by other side to rebut the case of complainant. So from perusal of complaint, documentary and other evidence produced by the complainant, it appears that the complainant has succeeded in proving her case as narrated by her in the complaint. The complaint is fully supported by the affidavits of complainant, so, in the given circumstances of the case, and in view of the evidence on record, there is no reason to disbelieve the averments contained in complaint. This is a case of deficiency in service. The OPs despite service of notice, sent by the Forum through registered cover have not taken any action to represent the case before this Forum, either to admit the claim of complainant, or to deny it, so there is no reply filed by the Ops  in this complaint and there is also no evidence in rebuttal. The present case of the complainant is covered by Section 11 2(b) (ii) of the Consumer Protection Act, 1987, which provides that in a case, where the OPs omits or fails to take any action to represent their case within the time given by Forum, in that situation, the Forum shall settle the consumer dispute on the basis of evidence brought to its notice by the complainant. Sub-clause (ii) of the Section 11, clearly provides that even where the OPs omits or fails to taken any action to represent their case before the Forum, the dispute has still to be decided on the basis of evidence brought to its notice by the complainant.

                    In addition complainant has also supported the allegations contained in the complaint by duly sworn her own affidavit and affidavit of Narinder Singh, which are corroborative of the facts contained in the complaint. Therefore, in the light of unrebutted averments contained in the complaint and documents on record, we are of the opinion that complainant successfully made out a case of deficiency in service by OPs.

                     Therefore, in view of the foregoing reasons the complaint filed by the complainant for redressal of her grievance is allowed and Ops are directed to replace the car with a new one of the same model. The complainant is also entitled to compensation of Rs.50,000/-for causing unnecessary harassment and mental agony and litigation charges of Rs.10,000/-.The OPs shall comply the order within one month from the date of receipt of this order. Copy of this order be provided to both the parties free of costs. The complaint is accordingly disposed of and file be consigned to records after its due compilation.

Order per President                                                     Khalil Choudhary

                                                                                     (Distt.& Sessions Judge)

                                                                                            President

Announced                                                           District Consumer Forum

   16-07-2017                                                                       Jammu.

 

Agreed by                                                               

                                                                           

Ms.Vijay Angral                                              

 Member    

 

Mr.Ghulam Sarwar Chauhan

Member