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DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)
GOVT. OF NCT OF DELHI
CONVENIENT SHOPPING CENTRE, FIRST FLOOR,
SAINI ENCLAVE, DELHI – 110 092
C.C. No.273/2024
| MANALI PALJOR F-301, PRINCE APARTMENTS 54 I.P. EXTENSION, PATPARGANJ, DELHI – 110092 | ….Complainant |
Versus |
| RENAULT INDIA PVT. LTD. 9TH FLOOR, “WILLOW SQUARE”, PLOT 8, 9 AND 10, 1ST ST, THIRU VI KA INDUSTRIAL ESTATE, GUINDY, CHENNAI, TAMIL NADU – 600032 ALSO AT:- RENAULT INDIA PVT. LTD. 5TH FLOOR, ICS HOUSE, PLOT NO.86, INSTITUTIONAL AREA, SECTOR-32, GURUGRAM HARYANA-122003 | ……OP1 |
| MOBILITY FOR YOU PVT. LTD. EARLIER KNOWN AS GOAUTO SALES PVT. LTD. (RENAULT SERVICE CENTRE) A-231, OKHLA INDUSTRIAL AREA, PHASE-1, NEW DELHI SOUTH DELHI DELHI – 110020 IN ALSO AT: MOBILITY FOR YOUR PVT. LTD. EARLIER KNOWN AS GOAUTO SALES PVT. LTD. (RENAULT SERVICE CENTRE) NO B25 PHASE, 1, POCKET B, OKHLA PHASE 1, OKHLA INDUSTRIAL ESTATE, NEW DELHI - 110020 | ……OP2 |
Date of Institution | : | 25.06.2024 |
Order Reserved on | : | 13.09.2024 |
Order Passed on | : | 13.09.2024 |
QUORUM:
Sh. S.S. Malhotra | (President) |
Sh. Ravi Kumar | (Member) |
Order By: Sh. Ravi Kumar (Member)
ORDER
Present : Sh. Dewa Pajor Ld. Counsel for complainant
Arguments on admission heard.
The case of the complainant is that she is the owner of Renault Kwid having Registration No. DL 12 CT 1188 and she had sent the car to OP2 for change of battery on 25.04.2014. The battery of the car was changed and the vehicle was delivered at the address of the complainant on 26.04.2024. The Complainant has alleged that when she received back her car the person who brought the car was not behaving properly and after delivering the car he left the place. The complainant when entered her car for parking, she discovered odour of cannabis (Ganja) in the car and there was evidence of drug used in the car on the seat, gear area and floor and there were empty packet of cannabis with remaining contents on the back seat besides match sticks etc. She lodged complaint with Narcotics Control Bureau on 31.05.2024 and then she filed the present complaint before this Commission alleging deficiency in service on the part of OPs in returning her car on 26.04.2024 with the prayer as follows:
- To direct the OPs to make the payment of Rs.500000/- as compensation on account of negligence, deficiency of services and severe mental harassment to the complainant.
- To direct the OPs to initiate a thorough inquiry and to take appropriate disciplinary action against the concerned individuals.
- To direct the OPs to pay the costs of the proceedings and advocate’s fee.
Heard.
On perusal of the complaint there is no receipt of payment made to OPs for services to be procured from them and even the documents enclosed suggests that there was dispute between the complainant and the representative of the OP2 w.r.t. payment for replacement of battery.
To qualify, any complainant to be a consumer under the CPA-2019, the first requirement is that the services should have been availed for some consideration.
As per Section 2(7) of the CPA-2019, which reads as under:
"Consumer" means any person who-
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose, or.........
7) (ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.
In this case, there is no document on record as to in what condition the car for replacement of battery was given and in what condition it was received. Apart from self serving statement there is no document on record as to in what condition the car was delivered or returned. The consideration w.r.t. replacement of battery may be there but that is not the question of deficiency in service before this Commission. There is no document on record of any payment made by complainant w.r.t. servicing the car or w.r.t. cleaning the car. There is neither any consideration paid or agreed to be paid, for the cleaning of the car. The question only is that the car when received back was not clean and there is no prima facie evidence of payment of any consideration for cleaning the car. Without filing proof of payment of consideration, the complaint case is not eligible to be admitted.
Filing of such type of complaints cannot be appreciated as in absence of any consideration paid w.r.t. service of cleanliness, the matter ultimately would lead no where even after years.
In view of the above, this Commission finds that complainant does not qualify to be a consumer for the purpose of availing the service qua cleaning of the car under the provision of CPA-2019, therefore the same is not maintainable under CPA-2019.
As regards presence of cannabis (Ganja) in the car, the complainant can pursue her case before the Law Enforcement Agencies.
Copy of the order be supplied / sent to the parties free of cost as per rules.
File be consigned to Record Room.
Announced on 13.09.2024.
