Punjab

Fatehgarh Sahib

CC/77/2021

Bhawandeep Singh - Complainant(s)

Versus

Sahib Automotive Pvt Ltd and Ors - Opp.Party(s)

Sh Mohit Vashishat

02 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                               COMMISSION

                        FATEHGARH SAHIB.

                                                             

Consumer  Complaint No.	:	CC/77 of 2021
Date of Institution	:	03/08/2021
Date of Decision	:	02.05.2023

 

Bhawandeep Singh S/o Sh.Bhupinder Singh R/o Ward No.2 , House no.221, New Colony , Samrala       .

                                                                             …………....Complainant                           

                                         Versus

 

1. Sahib Automotive Pvt. Ltd. , Patiala Near Toll Plaza , Village Chamaharheri  , Patiala, Punjab-147021.
2. Tata Moitors Ltd.  Registered Office at 4^th Floor , Ahura Centre , 82 Mahakali Caves Road, MIDC, Andheri East Mumbai-400093.
3. Sanjay  Mehta Employee of Tata Motors Ltd. , Plot no.70 , Tower A, 4^th floor, Godrej Eteria , Industrial Area Phase 1, Chandigarh -1600002.

..………....... Opposite Parties

 

Complaint under Section 35 of Consumer Protection Act 2019

Quorum

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

Present:  Sh.Mohit Vashishat , counsel for complainant. .

     Sh. J.S.Pessi, counsel for OPs no. 1.

     Sh. Rajinder Singh ,counsel for OP no.2.

     OP no.3 not summoned vide order dated 12.8.2021

 

 

 

 The  complaint has been filed against the OPs (opposite parties),  Under Section 35 of Consumer Protection Act-2019 alleging deficiency in service with the prayer for giving direction to the OPs  to provide a fresh unit of New Tata Safari ZXA+ Adventure Persona ,  to pay   an amount of Rs.5,00,000/-  as compensation  and  Rs.1,00,000/- for litigation expenses.

1. The complainant  wanted to purchase  a new Tata Safari ZXA+ Adventure Persona and booked the same on 14.4.2021. After two and half months complainant received a call from Sahib Automotive (OP1) to take delivery of a seven seater Tata Safari. The complainant told them that he had booked Safari ZXA+ Adventure i.e a 6 seater vehicle  and the OP arranged and delivered a six seater vehicle  to the complainant . After a week , it came to the  knowledge of the complainant that the OP had delivered a repainted  car and had faulty paint quality on many parts. There was an over spray and pinholes on the body of car. The complainant observed this when he wanted to get paint protection film. On June 22 , 2021 the complainant brought this into notice of the OP. The complainant then received a call  from the OP that they shall repaint the car which was denied by the complainant  and he demanded for a fresh unit. The complainant then was called by OP3  for inspecting the car with instrument (paint thickness gauge) in the agency on June 28 2021. But the complainant did not find any instrument or professional paint checker .  On July 2021 the OP’s officials  visited the house of the complainant and held negotiations with the complainant offering some services but  fresh unit of the vehicle was not offered. The  complainant issued a legal notice to the OPs but the same was vaguely reply. Hence this complaint.
2.  Notice of the complaint was given to the OPs through registered Post, OPs no.1 and 2 appeared through their Counsel and filed written version separately . OP no.3 was not summoned vide order 12.8.2021
3.        The complaint has been contested by the OP no.1 , filed written version ,raised preliminary objections. The OP no.1 admitted that the complainant had booked Tata Safari ZXA+ Adventure.  At the time of purchase of the vehicle the complainant was offered Safari ZXA+ Adventure 7 seater at the cost of the  6 seater model by offering extra seat at no extra cost .  AT the time of delivery of vehicle , it was duly inspected by the complainant and only after due satisfaction the delivery was taken by the complainant  Thereafter , the complainant opted for Teflon coating on the vehicle from some third party. While getting the vehicle coated with Teflon coating from 3^rd party , spurious product and equipment were used for applying  the Teflon coating , thereby causing damage to the paint of the vehicle .  The complainant had himself approached  a 3^rd  party service provider for applying Teflon coating  and therefore has no right to blame OPs for any defect in paint caused during Teflon coating. The complainant was informed  that the vehicle was not repainted and the defect in the paint were result of mishandling of tools by 3^rd party which applied Teflon coating. Even then , OP no.1 offered to rectify the said defect free of cost as a goodwill gesture .  The Job cards  merely state the complaints made  by the complainant in the vehicle  and the same is not  admission by the OPs of any fault in the paint of vehicle . A detailed reply  was given to the   legal notice received from the complainant.  The OP no1 prayer for dismissal of complaint with cost has been made.
4.        The complaint has been contested by the OP no.2 , filed written version , raised preliminary objections. The OPs no.1 and 2 are separate legal entity and has nothing common between them except dealership agreement executed between them. OP no.2 sells its vehicle to its dealer on principal to principal after receiving consideration . As per dealership agreement the sale and after sales service of the vehicle falls in the domain of dealer i.e OP no.1. Since the averments on the issues pertain to negotiation between the complainant and OP no.1 , he is in better position  to reply the same . The vehicle was thoroughly inspected by service engineer of OP no.1. and was found that the vehicle was not repainted . On 28.6.2021 , technical expert including paint vender  M/s Nippon India physically inspected the vehicle regarding the repainted issue and confirmed that the vehicle was not repainted. On 2 / 3 places pinholes were found which were repairable and the complainant’s  permission was sought to resolve the issue .  The intention of the complainant have become malafied  and wants to put   undue pressure by filling this complaint. The OP no.2 prayer for dismissal of complaint has been made.
5.  The complainant in support of their complaint tendered in evidence his  affidavit Ex.CW1/A and copies of  documents i.e  Ex.C1 Staff Identity Card of complainant,  Ex.C2  tax invoice ,   Ex.C3   Registration Certificate  ,  Ex.C4  vehicle class documents ,  Ex.C5  Job card dated 23.6.2021,  Ex.C6 job card dated 28.6.2021,  Ex. 7 to Ex.C11 photographs ,  Ex.C12 legal notice , Ex.C13 reply to legal notice and closed his evidence .
6.  In rebuttal the OP1 tendered Ex.RW1/A  affidavit  of  Narinder Kumar Service Manager ,Sahib Automotive , Pvt. Ltd Patiala , Ex.R1 authorization letter , Ex.R2 reply to legal notice,  Ex.R3 to Ex.R4 postal receipts, Ex.R5 Job card dated 23.6.2021,  Ex.R6 Job card dated 28.6.2021. OP no.2 tendered in evidence Ex.RW2/A affidavit of Shamenra Chaudhry, Deputy General Manager , Tata Motors i.e OP no.2 and closed their evidence.
7.  Heard.  Entire record has been perused.
8. The complainant has proved job slips dated 23.6.2021 and 28 .6.2021vide Ex.C5 and Ex.C6 , wherein the complainant’s observations about alleged defects in the paint of the vehicle have been listed. No other defect in the vehicle has been mentioned in the Job slips .  OP1 has also furnished the same two Job slips vide Ex.R5 and Ex.R6. From the perusal of the record ,  it emerges that the only  issue of dispute between the complainant and the OPs is regarding quality of paint of vehicle. The complainant has alleged that the company delivered him a repainted car with faulty paint quality and that there was overspray on the car parts  and pinholes on entire body of car, which he came to know when he wanted to get paint protection film .  According to the version of the OP no.1 , the complainant opted for Teflon coating on the vehicle from some third party , after one week of purchase of the vehicle and the said third party service provider used spurious product and equipment which  caused damage to the paint of the vehicle. OP no.1 has offered to rectify the said defects in the paint of the said vehicle ,  free of cost to maintain their goodwill .  The complainant has asked for afresh unit of the vehicle besides other reliefs .  In view of the facts discussed in the  forgoing ,  it is clear that the only defect in the vehicle relates to the quality of paint .  The complainant has not proved  any other  manufacturering  defect in the  said vehicle , other than the paint.  We feel the paint issue itself does not warrant replacement of the said vehicle with a new one , as the defect in  paint can be removed and the OP no.1 has offered to remove the defects free of costs. 
9. As  a corollary of our above discussion and keeping in view of the facts  , the present complaint is partly allowed.  OPs no.1 and 2 are held liable for deficiency in service and is  directed as under :-

[a] To rectify the defects in paint of the vehicle , free of cost.

            [b] To Pay Rs.10,000/- compensation for harassment and Rs.5000/- as litigation charges to the complainant

Compliance of the order be made by the OPs no.1 and 2 within 30 days from the date of receipt of certified copy of this order. Failing which the complainant shall get it executed through legal process. The complaint could not be decided within the statutory period due to pandemic of Covid-19 and paucity of staff. Copy of this order be sent to the complainant and the OPs as per rules. File be consigned to record room.

      Pronounced 2 May 2023        

                                                                      (S.K. Aggarwal)

                                                                              President

 

                                                                  ( Shivani Bhargava )

                                                                               Member

                                                                    

    

                                                                             ( Manjit Singh Bhinder )

                                                                                         Member