BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 90 of 2011
Date of Institution : 15.4.2011
Date of Decision : 18.9.2015
Rakesh Kumar son of Sh.Ram Gopal, resident of H.No.526, Sector-20, HUDA Colony, Sirsa District Sirsa.
……Complainant.
Versus.
1. The Prop/Partner/Manager, Raja Hyundai Motors, near Maharaja Palace, Dabwali Road, Sirsa.
2. Director/Prop/Manufacturer of Hyundai Motors, HMIL Plot No. HI SIPCOT Industrial Park Irrungattukot, Tamilnadu.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SMT.GURPREET KAUR GILL ……PRESIDING MEMBER.
SHRI RAJIV MEHTA ……MEMBER.
Present: Sh.G.S.Soni, Advocate for the complainant.
Sh. JBL Garg, Advocate for the opposite party no.1.
Sh.A.S.Kalra, Advocate for opposite party no.2.
ORDER
In brief, the complainant had purchased a Hyundai car bearing Model No.LIO Mesna 1.2, V.I.N. No.794845 Engine No.571274 Key No.1319 from L.R. Automobiles, NH 65 Ambala Road, Kaithal. At that, the complainant had told the dealer at Kaithal that he is permanent resident of Sirsa, therefore, he will get service of said car at Sirsa. The dealer had also told that their company has also given dealership of this car at Sirsa city and thus, he can do every type of service in his own city Sirsa. But, at the time of first service, the respondent refused to get the service by saying that the complainant should get the service from purchased place i.e. from Kaithal. Complainant made a complaint to the Head office at Chennai through E.mail and toll free number 1800114645 at 11.20 A.M. on 3.3.2011 bearing complaint No. 42133930, but no response was given to him. A legal notice dated 5.3.2011 was also sent, but respondent refused to receive the same. Hence this complaint for a direction to the respondent to get effected every service of car on prescribed time and also for compensation for harassment, humiliation, mental tension etc. and litigation expenses.
2. Case of the opposite parties, in their joint reply, is that there is no consumer dispute between the complainant and respondents and there is no deficiency in service on the part of respondents. However, as per policy of Hyundai Motors, the owner of Hyundai car can get his car serviced form any service station of the company located throughout India. Respondent no.1 never refused to do the service of the car to the complainant. As a matter of fact, the complainant had brought his car to the service centre of OP no.1 and asked for service of car. He was told to leave the car and on turn, his car would be serviced, but the complainant insisted for immediate service as he is a very busy man. Thereafter, the complainant left the service centre in annoyance by saying that he will teach a lesson to OP no.1. Respondent at present is ready for doing the service of car as per norms of the company. The complainant is not entitled to any compensation as claimed by him.
3. Both the parties have led their evidence in the form of affidavits and documents. The complainant has placed on record Ex.C1-his own supporting affidavit; Ex.C2-legal notice; Ex.C3-postal receipt; Ex.C4-registration certificate; Ex.C5-envelope and Ex.C6-cash invoice, whereas, the opposite parties have placed on record Ex.R1- supporting affidavit of Sh.Ram Niwas Yadav, Works Manager; Ex.R2-affidavit of Manish Kumar, Asstt. Manager; Ex.R3-Dealership Agreement and Ex.R4-Free service coupon.
4. We have gone through the record of the case carefully and have heard learned counsel for both the parties.
5. We have examined the pleadings and documents of the parties, very carefully. In this case matter in dispute that complainant purchased a Hyundai Car from L.R.Automobiles NH 65 Ambala Road Kaithal. At the time of purchase of the said car OP No. 1 told to the complainant, it is your own will to get the service of the car throughout India, where there Hyundai dealers are located in India. This is matter of fact that complainant purchased the car from Kaithal and approached to the OP No. 1 for service of the said car. But the OP no. 1, refused to do the service of car and told that approached for the service of the car from where it was purchased.
6. In the written statement plea taken by the OP No. 2 that Ops has neither any head office nor any branch office in Sirsa so this Forum has not competent to entertain this complaint at Sirsa. This plea of Op No. 2 is not acceptable because Raja Hyundai Motors is the dealer of Hyundai Motors at Sirsa. Even in the written statement as well as affidavit plea taken by the OP No. 1 that our officials told to the complainant to leave the car at our service centre, on the turn his car will be serviced but the complainant insisting for immediate service, saying that he is very busy man and cannot wait so much time.
7. If we see the whole of the complaint from all angles the Ops are deficient in service on every step. First of all Op No. 1 refused to service the car of the complainant. How it can be believed that complainant asked to get the service of his car immediately. After the refusal of Op No. 1 complainant went to Kaithal for service the car and spent the excessive money and time as clear from invoice Ex.C6. Any gentle person tried to save his time and money for such type of exercise. Ops harassed the complainant on every step. Complainant lodged his complaint to Ops No. 2, on Toll Free Mobile Number 1800114645 at 11.20 A.M. on 3.3.2011 bearing complaint No. 42133930. But the respondent no. 2, not solve his grievance. Complainant also sent a legal notice to Op no. 1 dated 5.3.2011 by registered post but the Op no. 1 refused to receive the same. After sufficient time complainant filed this complaint in this Forum April, 2011.
8. In the circumstances Ops are careless deficient to provide the required service to the complainant, so we accept the complaint with the direction to the Ops to pay lump sum of Rs. 5000/- on account of harassment mental and physical pain and losses suffered by him. Rs. 1000/- is awarded as litigation expenses. The Ops are liable to pay the above detailed cost of compensation and litigation expenses as detailed above severally and jointly within one month from today failing which complainant will be entitled to initiate the proceeding under Section 25 & 27 of Consumer Protection Act. A Copy of order supplied to the parties free of cost. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated: 18.9.2015. Member District Consumer Disputes
Redressal Forum, Sirsa.
Rakesh Kumar Vs. Raja Hyundai
Present: Sh.G.S.Soni, Advocate for the complainant.
Sh. JBL Garg, Advocate for the opposite party no.1.
Sh.A.S.Kalra, Advocate for opposite party no.2.
Arguments heard. For orders to come up on 18.9.2015.
Dated: 15.9.2015. Member. Presiding Member,
DCDRF,Sirsa.
Present: Sh.G.S.Soni, Advocate for the complainant.
Sh. JBL Garg, Advocate for the opposite party no.1.
Sh.A.S.Kalra, Advocate for opposite party no.2.
Order announced. Vide separate order of even date, complaint has been allowed. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:18.9.2015. Member District Consumer Disputes
Redressal Forum, Sirsa.
