Haryana

Bhiwani

CC/157/2018

M/S Anand Ele. - Complainant(s)

Versus

Raghu Hyundai - Opp.Party(s)

N.M Sharma

20 Aug 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

                   Consumer Complaint No.: 157 of 2018

                   Date of Institution            : 19.11.2018

                                                            Date of Decision              :  20.08.2024

 

M/s Anand Electronics, Shop No.3, Railway Road Near Clock Tower, Bhiwani Tehsil and District Bhiwani through its proprietor Mr. Anand Gupta.

 

          ……Complainant.

 

Versus

 

1. Raghu Hyundai, Rohtak Road, Near Bus Stand, Bhiwani through its authorized signatory.

 

2.  Exide Industries Limited, Near Geet Motors, Bhiwani through its authorized signatory.

 

3.  Exide Industries Limited, Plot No.179, Bawal Rewari, Sector 03, HSIIDC Growth Centre-Rewari, Haryana-123501 through its authorized signatory.

 

4.  Exide Industries Limited, Haldia Factory, Durgachak, District Purba Midnapur, Haldia, West Bengal-721 602 through its authorized signatory.

 

5.  Exide Industries Limited, Exide House-59 E-Chowringhee Road, Kolkata West Bengal-700 020 through its authorized signatory.

 

….. Opposite Parties

 

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT, 1986.

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Sh. Narender Mohan Sharma, Advocate for complainant.

Sh. Mahesh Bhardwaj, Advocate for OP No.1.

OPs No.2 to 5 exparte vide order dated 27.08.2019.

 

ORDER

 

Shashi Kiran Panwar, Member.

 

1.                 Brief facts of the present complaint are that complainant  was running a business in the name and style of M/s Anand Electronics and purchased a Hyundai Grand i-10 Asta (O) Top Model  fully A.C. Car, having registration no. HR-16R-6196 on 13.07.2016 from OP No.1 being authorized dealer of Hyundai Motors. As per complainant, Op disclosed that engine, battery, tyre and other items installed in the car having full 3 years warranty. It is stated that in the month of March 2018, the inbuilt battery started giving trouble in its functioning whereupon the complainant at once complaint to OP No.1 who suggested to approach authorized service center of OP Excide Battery. Service center of OP found the battery defective on 16.05.2018 and issued receipt no.547 to the complainant and assured that battery will be replaced with a new one within 3-4 days. However, the battery was not replaced nor any service battery was provided. Legal notice dated 11.06.2018 was also served upon the OPs but of no avail. Hence, the present complaint has been preferred alleging deficiency in service on the part of OPs resulting into monetary loss as well as mental and physical harassment. Ultimately, complainant had to purchase a new battery in Rs.4500/- from M/s Global IT Solution Bhiwani. In the end, prayer has been made to issue directions to OPs to pay either Rs.4500/- the price of new purchased battery or the cost of the old battery. Further, to pay Rs.2.00 lacs as compensation for harassment, Rs.5.00 lac as loss to his business. Also to pay Rs.40,500/- (Rs.10,000/- as loss of insurance charges, Rs.20,000/- as loss of validity of the car, Rs.10,500/- as damages occurred to the complainant as interest paid by the complainant on financed amount of the car to the concerned bank). And to pay Rs.11,000/- as litigation expenses besides Rs.7500/- on account of notice charges alongwith interest  @24% per annum on all above-mentioned amounts.  Any other relief, to which this Commission deems fit, has also been sought.

2.                 Upon notice, OP No.1 appeared through counsel and filed written statement raising preliminary objections qua maintainability of complaint, locus standi, deficiency in service and suppression of material facts. On merits, concealment of true and material facts. On merits, it is submitted that the vehicle was purchased by a commercial firm and not for personal purpose. It is submitted that complainant was very much explained about warranty that items like tyre and battery etc. is being provided by the concerned vendor and not by the Hyundai Motor India or by its dealer.  It is admitted that a letter was issued in the name of Exide authorized center on the complaint of complainant regarding purchase of the battery. In the end, denied for any deficiency in service and prayed for dismissal of the complaint.

3.                 OPs No.2 to 5 did not bother to appear despite issuance of notices. As such, they were proceeded against as exparte vide order dated 27.08.2019.

4.                 In evidence of complainant, affidavit Ex. CW1/A alongwith documents Annexures A to Annexure Z were tendered and then closed the evidence on 12.06.2023.

5.                 On the other side, affidavit Ex. RW1/A of Dr. Ishwar Dass Gupta  authorized signatory alongwith document Ex. R-1 were filed in evidence of OP No.1 and closed the evidence on 04.07.2024.

6.                 We have heard learned counsel for the contesting parties and perused record carefully.

7.                 Ld. counsel for OP No.1 has argued that as per warranty clause 3 (Annexure R-1), Audio Video Navigation System, Wireless Charger, Air Purifier, Batteries, Tyres & Tubes, Audio Systems, or any external accessory originally equipped on Hyundai vehicles are warranted directly by the respective manufacturers and not by HMIL.’  Thus the counsel has vehemently argued that no liability can be fastened against it and prayed for dismissal of the complaint qua it.

8.                 It is not denied by OP No.1-dealer that the vehicle was having battery manufactured by OPs No.2 to 5.  Admittedly, the vehicle was purchased on 13.07.2016 from OP No.1 and as per warranty certificate (Annexure B), the vehicle was within warranty period upto 12.07.2019 and it is evident from a receipt  dated 16.05.2018 (Annexure C) issued by Exide Industries Ltd.-service center that on such date the battery was not working properly.  As per pleadings and affidavit of complainant in evidence, it is believable that after removing the defective battery by service center, no standby battery was given to him so that the vehicle could be plied till the new battery is fitted in the vehicle. Being harassed by the OPs-Exide battery, complainant had to purchase a new battery in Rs.4500/- on 12.09.2018 from M/s Global IT Solution, Bhiwani vide invoice (Annexure O).

9.                 In view of the above, the OPs No.2 to 5 are deficient and negligent in providing proper services to the complainant and also adopted unfair trade practice which caused the complainant monetary loss as well as mental pains and physical harassment.  It is pertinent to mention here that these Ops did not defend their case despite issuing notices to them, in such a situation, we have no option except to believe the version of complaint. In the above circumstances, no liability is attributed against the OP No.1.  Accordingly, the complaint is allowed against OPs No.2 to 5 and are directed jointly and severally to comply with the following directions within 40 days from the date of passing of this order:-

 

(i)       To refund Rs.4500/- (Rs. Four thousand five hundred) to the complainant alongwith simple interest @ 12% per annum from the date of filing of this complaint till actual realization.

(ii)      To pay a sum of Rs.11,000/- (Rs. Eleven thousand) as compensation for harassment.

(iii)     Also to pay a sum of Rs.5500/- (Rs. Five thousand Five hundred) as litigation expenses.

                     In case of default, the OPs No.2 to 5 shall liable to pay simple interest @ 15% per annum on all the aforesaid awarded amounts for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party No.2 to 5 may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance. 

Announced.

Dated:20.08.2024