DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD

Dated this the 09^th  day of  June, 2022

Present  :  Sri.Vinay Menon V., President        

             :   Smt.Vidya.A., Member

             :   Sri. Krishnankutty.N.K.,Member             

    Date of filing:16/12/2019

                                              CC/287/2019

    Anil Kumar.K                                        -               Complainant

    S/o Krishnapilla,

    7/758, Aaranyam,Vadakkethara,

    Marutharoad,Palakkad.

    (By Adv.B.Ravikumar)

                                                          Vs

    1.Popular vehicles & service Ltd.              -             Opposite Parties

       Vaettathettu Arcade,

       Marutharoad Village,

       Palakkad.

    2.Popular Vehicles & Services Ltd

       TUDA Road,Thiruvambadi Post,

       Peringavu,Thrissur-680 022.

       (For Op 1&2  Adv.Bharathy.P)

    3. The Maruthi Suzuki India Ltd,

        1,Nelson Mandela Road,

        Vasant Kunj,New Delhi- 110 070.

    4. The Maruthi Suzuki Ltd,

        Regional Office, 204,2^nd floor,

        Embassy Classic,Vittal Mallya Road,

        Bengaluru-560 001.

        (For Op 3&4  Adv.Anto Thomas & K.Siyavudheen)

    5. ICICI Bank,

        Piruvusala Branch,

        Piruvusala,Palakkad.

        (By Adv.P.A.Gireesh Kumar)

                                                   O R D E R

By Smt.Vidya.A., Member

1.Brief facts of the complaint

         The complainant decided to purchase a Maruti Alto 800 car from the 1^st opposite party and he paid an advance amount of Rs.30,000/- on 28/07/2019. Thereafter he availed a vehicle loan of Rs.3,09,000/- from the 5^th opposite party. The tenure of the loan is 60 months with interest  @ 10.85% payable on 10^th of every month. The loan amount was transferred to the 1^st opposite party through fund transfer. After that the 1^st opposite party asked the complainant to pay an additional amount of Rs.35,000/- towards balance sale consideration and it was paid on 05/09/2019  by cash to the sales representative.

          After the payment of the full amount, the complainant asked the 1^st opposite party to show the vehicle to him. But they did not show it and told that the vehicle was with the 2^nd opposite party. They took temporary registration for the vehicle from 01/08/2019 to 31/08/2019. On 06/09/2019 the complainant inspected the vehicle at 2^nd  opposite party’s Alathur showroom and found that except the outer body, all other metallic parts were seriously affected with rust. On enquiry, he understood that the opposite party’s yard at Palakkad was flooded during August 2019, and the vehicle shown to him was one among the affected. All these facts were concealed by the opposite parties and they delayed the inspection and delivery of the vehicle. The opposite parties told him that there was only oxide coating which will disappear on washing. The vehicle was not ready for delivery during the period of temporary registration. The demand for remitting the fee and fine for permanent registration was made only on 06/09/2019.

         The attempt to sell the vehicle with full of rust is an Unfair Trade Practice. Even though the temporary registration of the vehicle was said to be taken on 01/08/2019, the same was not communicated to the complainant till 28/08/2019. It amounts to deficiency in service on their part.

         Further he availed vehicle loan from the 5^th opposite party and paid 1^st instalment repayment on August 2019. Since the vehicle was not delivered , the complainant did not make payment of the subsequent installments and it is understood that the 5^th opposite party is taking steps to realize the entire amount with penal interest and cost.

         He approached the opposite party to deliver  a rust free car and send lawyer notice demanding the same. But they did not send any reply.  They filed a suit before the Hon’ble Munsiff Court, Palakkad for a mandatory injunction directing the complainant to take that vehicle and to pay demurrage for keeping the vehicle in their yard. The opposite parties are forcing the complainant to take delivery of the rusted, flood affected car by coercive steps.

         So this complaint is filed for directing the opposite parties 1 to 4 to deliver a fresh and rust free Maruti Alto 800 car to the complainant or to return the amount of Rs.3,88,025/- with interest at the rate of 18% per annum from  06/09/2019 onwards and to award a compensation of Rs.1 Lakh to the complainant for the mental agony and damages suffered by him and for the deficiency in service on their part and Rs.15,000/- as cost of the proceedings. He further prays for a direction to the 5^th opposite party not to take any coercive steps to realize the amount till the disposal of the case.

2.       Complaint admitted and notice issued to the opposite parties. The opposite parties entered appearance and filed their version.

3.       Opposite parties 1 & 2 in their version admit that the complainant paid an advance amount of Rs.30,000/- on 25/07/2019 towards the price of the vehicle and availed a loan of Rs.3,09,000/- from the 5^th opposite party. All other allegations in the complaint are denied by them. They admit that the temporary registration was done by the 2^nd opposite party. Before processing for temperory registration, the complainant was asked to remit Rs.35,000/- towards the balance sale consideration. Accordingly, he issued a post dated cheque for Rs.30,000/- on 25/07/2019 drawn on SBI, Chittur Branch with an assurance to remit the balance sale consideration without delay. But later on, the 2^nd opposite party found a mistake in the amount written both in words and number in the aforesaid cheque and informed the complainant about this. The complainant agreed to pay the balance amount and asked to proceed with the temporary registration. The 2^nd opposite party completed the formalities and generated the temporary registration certificate valid from 01/08/2019 to 31/08/2019 in the name of the complainant marking hypothecation in favour of 5^th opposite party. The complainant was informed to take delivery of the vehicle after paying the balance sale consideration. But he did not take delivery and visited the showroom only on 04/09/2019 and paid the balance amount and aksed for delivery of the vehicle on 06/09/2019. However, he was informed that since the temporary registration had already expired, the delivery can be effected only after completing the permanent registration.

         On 06/09/2019, the complainant inspected the vehicle that is made of cast iron upon which oxide coating was formed due to weather conditions and prolonged storage of the vehicle at the Thrissur yard maintained by the 2^nd opposite party. This type of oxidation coating will disappear on washing and cleaning of the vehicle and before delivery, such cleaning work was intended to be done on the vehicle. After completing the formalities for permanent registration  it was informed to the complainant by the officials; but the complainant was not ready to take the vehicle. He refrained from remitting the applicable fee/fine for delay and to sign and submit other documents for submitting the application for permanent registration alleging that the 2^nd opposite party had offered him a rusted vehicle. The complainant is well aware that the vehicle is defect free and the officials of RTO,  Palakkad inspected and intimated him that the vehicle is fit to use and there are no defects. The complainant is not entitled to the reliefs claimed and it is to be dismissed.

4.       Opposite parties 3 & 4 in their version contended that the complaint is not maintainable against them. Maruti Suzuki India Ltd is the manufacturer of Maruti Suzuki vehicles and they did not sell the vehicles directly to any individual customer. The dealer sells the vehicle under their own invoice as per the terms and conditions settled between the dealer and the customer. These opposite parties cannot be held liable for any act of omission or commission on the part of the dealer. The relationship between these opposite parties and its dealer is governed by the Dealership agreement executed between them on principal to principal basis and the opposite parties 1 & 2 are separate and independent legal entities. Complainant has not raised any allegation or sought any specific prayer against these opposite parties and the complainant has no cause of action against these opposite parties. Complainant has admitted that the payment with regard to the purchase of vehicle was given to 1^st opposite party and so the complainant is not a consumer of these opposite parties. There is no deficiency in service/unfair trade practice on the part of opposite parties 3 & 4 and the complaint is to be dismissed with cost to these opposite parties.

5.       5^th Opposite party in their version admitted that they have  sanctioned a loan of Rs.3,09,000/- to the complainant with Account number LAPGT00039789720. The loan amount was transferred to the 1^st opposite party through fund transfer and tenure of the loan is 60 months with interest @ 10.85% and EMI is due on the 10^th of every month. As per the loan agreement, the complainant had also agreed to pay the penal interest for the defaulted amount along with overdue charges. The complainant is bound to remit the EMI properly and in time and in case of default, the bank is entitled to recover the amount as per law. The opposite party came to know that the complainant has not taken delivery of the vehicle as there are some issues between the dealer and the complainant.

6.       After filing of versions by all the opposite parties, the case was posted for the chief affidavit of the complainant on 04/03/2020. Then as per the submission of parties, it was posted for reporting settlement and later on posted in Adalath on 28/01/2022; but there was no representation from both parties in the Adalath. Both parties did not file their proof affidavits even after several postings. So it was taken for orders based on merits.

7.       Complainant’s main grievance is that after booking a vehicle with the opposite parties 1 & 2, and after remitting an amount of Rs.3,74,000/- towards its sale consideration, the opposite parties     1 & 2 attempted to deliver the vehicle which was fully affected with rust which is an Unfair Trade Practice. They obtained the temporary registration certificate even before the inspection of the vehicle by the complainant. The complainant was allowed to inspect the vehicle on a later date and on inspection, it was found that except the outer body, all other metallic parts were seriously affected with rust.

         Even though the complainant had submitted some documents along with the complaint, he has not adduced evidence by filing proof affidavit. Serveral postings were given for filing the affidavit; but the complainant was absent and did not file proof affidavit. This shows that he is not interested in proceeding with the case. Hence the complainant has not succeeded in proving his case by adducing cogent evidence.

          In the result, the complaint is dismissed.

          Pronounced in the open court on this the 09^th  day of  June, 2022.

                                                                                             Sd/-

                                                                                   Vinay Menon V

                                          President

                                                                                             Sd/-

                                                                                          Vidya.A

                                            Member

                                                                                                Sd/-

                                                                                  Krishnankutty.N.K

                                                                                            Member

Exhibits marked on the side of complainant

Nil

Exhibits marked on the side of Opposite parties

Nil

Witness examined from complainant’s side:- NIL

Witness examined from opposite party’s side:- NIL

Cost: NIL