DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 684/2016
D.No.__________________ Date: ________________
IN THE MATTER OF:
TILAK RAJ,
S/o SH. BHAGWAN DASS TANDON,
R/o AD-58-A, POWER APARTMENT,
PITAM PURA, NEW DELHI-110034.… COMPLAINANT
Versus
1. REVOLUTION ADVERTISING &
PROMOTION PVT. LTD.,
A-138, 1st FLOOR, RISHI NAGAR,
RANI BAGH, NEW DELHI-110034.
2. PIT STOP SOLUTIONS,
C-257/259, LOWER GROUND FLOOR,
NEAR DRS CLUB,
PEERA GARHI, DELHI-110087.
ALSO AT: B-1, POCKET-00, AMARPALI,
SEC.-1, ROHINI, DELHI-110085.… OPPOSITE PARTY(IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 13.07.2016
Date of decision:16.11.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OPs under Section 12 of the Consumer Protection Act, 1986 therebyalleging that in the month of December-2015, the complainant purchased
CC No.684/2016 Page 1 of 8
the Revolution Gold Advantage booklet from OP-1 valid for the year-2016 and the complainant made the payment amounting to Rs.1,500/- for the coupon booklet no.5025 to OP-1 through cheque and the complainant also purchased the AMC offered for new Wagon-R car bearing registration no.DL-1-CN-0873 in the month of January-2016 from OP-2 and the complainant made the payment for the offer by OP-2 through cheque amount of Rs.3,435/- for Wagon-R Car for one year as per contract 4 car servicing, 2 dry cleaning, 2 car scanning and unlimited door step correction and as per coupon booklet offered by OP-1 and extra services to be offered by OP-2 with AMC are car rubbing and polishing and the complete car Teflon coating and 3 car pressure washing & vacuum. The complainant further alleged that at the premises of the complainant Mr. Pawan alongwith his team visited on 16.01.2016 regarding 1st service of car and he changed engine oil, air filter, coolant and after servicing the car, he provided to the complainant with the bill amount of Rs.1,455/- and the complainant made the payment for the same. Thereafter, the complaint made the complaint regarding car started jerking and RPM fluctuation on 10.02.2016 to Mr. Aditya vide phone no. 9266655581 and he told to the complainant that Mr. Pawan would be visiting to the complainant’s premises the next day in the morning for repairing car and the complainant’s premises again Mr. Pawan alongwith his team visited on
CC No.684/2016 Page 2 of 8
17.02.2016 and after checking the car he told to the complainant the Spark Plug are not functioning properly and replaced them with the new ones and provided to the complainant with the bill of Rs.350/- and the complainant paid the same. The complainant further alleged that the complainant done car fuel altered to CNG in the month of April-2016 as it is economic and is eco-friendly CNG support to the vehicle was with the same problem of jerking and RPM fluctuation and the issue was sorted by the mechanic at the CNG fitment center and the problem was local Air Filter and also local spark plug which was changed by OP-2 when mechanics at the CNG fitment center replaced the Air Filter and spark plug which the complainant purchased from Maruti Suzuki authorized dealer, the issue was sorted out and it means that Air Filter and spark plug changed by OP-2 was not genuine. The complainant further alleged that the complaint has not received the call for servicing from OP-2 more than 4 months and 15 days passed and the complainant made the call to Mr. Aditya vide phone no.9266655581 for getting the service done on 04.06.2016 as it was due &he told to the complainant that he will sending his team next in the morning i.e. 05.06.2016 as his schedule was very busy and the complainant agreed for the same. On the next day after waiting till 3:00 P.M. on 05.06.2016, the complainant again made call to Mr. Aditya vide phone no. 9266655581 regarding his team not yet arrived and he told his team would be at the residence within one hour and after 2
CC No.684/2016 Page 3 of 8
hours the complainant received a call from Mr. Pawan and he told to the complainant that service of car could not be done today because tools are under repair. The complainant made a call on 12.06.2016 in the morning regarding car servicing to Mr. Pawan because Mr. Aditya phone was not reachable and Mr. Pawan agreed for the same and the complainant told that he has already bought car consumables (i.e. engine oil, oil filter, coolant) from Maruti Suzuki authorized dealer but Mr. Pawan refused to service the car and they coordinated with Mr. Aditya for the same and he told his team not to service the car because the complainant is not purchasing car consumables from them and the complainant made the call to Mr. Aditya for getting the car service and he refused to add the consumables bought by the complainant and he told that the service will only take place if the complainant purchases consumables from the company. The complainant further alleged that the complainant sent the e-mail to info@ pitstophub. com and info@ revolutiondeals. com on 14.06.2016 about 1:57 p.m. both OPs regarding refund of the amount but got no response and the complaint also made phone call on 18.06.2016 to OP-2 phone no. 011-65336533 about 16:04 p.m. regarding no response of the complainant mail and Mr. Bhanu picked the phone and told to the complainant that he will inform to Mr. Aditya but no response. The complaint also made phone call again in 22.06.2016 to OP-2 phone no. 011-65336533 about 04:50 p.m. regarding no response of the
CC No.684/2016 Page 4 of 8
complainant mail and Mr. Bhanu picked the phone again and told to the complainant that he will inform to Mr. Aditya but no response and the complainant again sent the e-mail to info@ pitstophub.com and info@ revolutiondeals.com on dated 04.07.2016 both OPs but got no response. The complainant further alleged that the complainant did not get any proper response from OPs regarding refund the AMC amount alongwith all consumables amount because parts were not genuine and also need not to replace and the complainant further alleged that the complainant has suffered a loss and there is deficiency in service and unfair trade practice on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to pay the AMC amount of Rs.3,435/- alongwith all consumables amount because spare parts were not genuine as well as compensation of Rs.50,000/- for causing him mental pain, agony.
3. Only OP-2 has been contesting the case and filed written statement and submitted that the present complaint is not maintainable and is liable to be dismissed. OP-2 further submitted that the service contract was executed between the complainant and OP-2 for the service of the vehicle of the complainant only if the vehicle of the complainant works on petrol-diesel but the complainant has installed the CNG Kit in his vehicle, thus the complainant has violated the terms & conditions of the contract and thus now the
CC No.684/2016 Page 5 of 8
complainant is not entitled to take the services from OP-2 and the complainant has already taken the services of OP-2 twice. After installation of CNG Kit, OP-2 requested the complainant to take back his money from OP-2 but at that time the complainant did not accept the offer of OP-2 and OP-2 has not any relation with OP-1 and OP-2 is an individual identity works under its own rules and regulations. OP-2 further submitted that the complainant filed the forged and fabricated documents against OP-2 with his complaint.
4. Whereas none for OP-1 appeared despite service of notice on 12.08.2016 as per track report and as such OP-1 proceeded ex-parte vide order dated 07.11.2016.
5. The complainant filed rejoinder to the written statement of OP-2 and denied the contentions of OP-2 which have been taken in the written statement of OP-2.
6. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant has also placed on record copy of Revolution Gold card issued by OP-1, copy of coupon, copies of cash memos of Rs.1,455/- dated 16.01.2016 & dated 11.02.2016 of Rs.350/- issued by OP-2, copy of terms & conditions issued by OP-2 and copies of e-mail communications between the parties.
7. On the other hand, Sh. Sumit Barka, Authorized Representative of OP-2 filed his affidavit in evidence which is as per line of defence
CC No.684/2016 Page 6 of 8
taken by OP-2 in the written statement. OP-2 has also filed written arguments.
8. This forum has considered the case of the complainant and OP-2 in the light of evidence and documents placed on record by the complainant.The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. OP-2 has taken the defence that the agreement was only for a petrol/diesel car but the complainant installed CNG Kit without informing OP-2 and thereafter OP-2 requested the complainant either to remove CNG Kit or settle the amount which OP-2 has agreed to pay from the amount given by the complainant at the time of contract as OP-2 was not authorized by Govt. of Delhi to service the CNG fitted cars. Strangely OP-2 has failed to place on record the said agreement or copy thereof. Whereas the complainant has placed on record copy of pamphlet showing advantages and terms & conditions and no where it is mentioned that OP-2 will service only petrol/diesel vehicles. However, the complainant has also not disputed the version of OP-2 that out of 4 car services and 2 dry cleaning, the complainant has taken to car services from OP-2. However, failure on the part of OP-2 to continue with the agreement of providing 4 car services and 2 dry cleaning amounts to deficiency in service. Accordingly, OP-2 is held guilty of unfair trade practice and deficiency in service.
CC No.684/2016 Page 7 of 8
9. Accordingly, OP-2 is directed as under:
i) To pay/refund to the complainant an amount of Rs.2,000/- being the proportionate amountalready paid by the complainant.
ii) To pay to the complainant an amount of Rs.2,000/- as compensation towards mental agony and harassment caused to the complainant which includes litigation cost.
10. The above amount shall be paid by OP-2 to the complainant within 30 days from the date of receiving of this order failing which OP-2 shall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving of this order till the date of payment. If OP-2 fails to comply the order within 30 days from the date of receiving of this order, thecomplainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
11. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 16th day of November, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
CC No.684/2016 Page 8 of 8
UPLODED BY :SATYENDRA JEET
