Chandigarh

DF-II

CC/180/2022

Kamal Rathi - Complainant(s)

Versus

Sai Car Modification and Detailing - Opp.Party(s)

In Person

31 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	180 of 2022
Date  of  Institution	:	22.03.2022
Date   of   Decision	:	31.01.2024

 

 

 

 

 

Kamal Rathi, DLF Valley, B1/20, Second Floor, Panchkula, Haryana 134107

             …..Complainant

 

Versus

1]  Sai Cars Modification and Detailing, Car Café, SCO No.13, Sector 28-C, Chandigarh

2]  Rajatdeep Overseas Private Limited, 179-a, Yellow Apartment, LIG, Rajori Garden, New Delhi 110027

3]  302 Pearls Business Park, Netaji Subhash Palace, Pitampura, New Delhi 110034 {Deleted vide order dated 27.03.2023}

….. Opposite Parties

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA                 MEMBER

 

Argued by:  Complainant in person

Representative of OP No.1 (Defence of OP No.1 struck off)

OPs No.2 exparte.

OP NO.3 given-up

 

 

PER B. M. SHARMA, MEMBER

 

        The case of the complainant precisely is that the complainant had purchased and got installed Central Locking System worth Rs.4700/- as well as Car Android System worth Rs.11000/-, both having one year warranty on 05.09.2021 from OP No.1.  It is stated that both the products in question, so purchased & installed from OP No.1, started giving problem soon after there installation.  It is also stated that the complainant reported this matter to the OP No.1 and visited it for more than 8 times, but they failed to set them right and every time the officials of the OP No.1 stated that they get it checked from company official, which were never available.  Ultimately, the complainant contacted the car service centre - Nissan Service Centre and its official, after checking, stated that the locking system was not installed properly.  It is submitted that both the products are no more useful to the complainant because one of the doors of the car remained permanently locked due to the locking system malfunctioning as well as non-working of android system. Hence, the present complaint has been preferred alleging the said act & conduct of the OPs as deficiency in service and unfair trade practice.  

 

2]       The OP No.1 has put in appearance through Sh.Kamal Sharma, Partner of OP No.1 but failed to file written version despite availing opportunities and therefore, the defence of OPs No.1 was struck off vide order dated 27.12.2022.

         The OP No.2 did not turn up despite service of notice, hence OP No.2 was proceeded exparte vide order dated 27.12.2022.

        The OP No.3 i.e. 302 Pearls Business Park, Netaji Subhash Palace, Pitampura, New Delhi 110034, initially impleaded by the complainant was later on given up by the complainant vide separate statement, hence deleted vide order dated 27.03.2023.

 

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the complainant in person, representative of OP No.1 and perused the entire documents on record.

 

5]       From the perusal of the record, it is clear that OP No.1 has not disputed the fact that the central locking system as well as car android system so installed in the car of the complainant by OP No.1 carrying one year warranty started giving problem soon after their purchase & installation.  It is also observed that the OPs have failed to set said products right despite several visits made by the complainant.  Moreover, the OP No.2 did not appear to contest the case and preferred to proceed against ex-parte, which shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant have gone unrebutted & un-controverted.  Hence, deficiency in service and unfair trade practice on the part of OPs No.1 & 2 is proved. 

6]       Taking into consideration the above discussion & findings, the present complaint deserves to be partly allowed. Accordingly the complaint is partly allowed against OPs No.1 & 2. The OPs No.1 & 2 are directed to refund an amount of Rs.15700/- (Rs.11,000+Rs.4700/-) to the complainant and also to pay lumpsum amount of Rs.5000/- towards compensation and litigation expenses.

                        This order be complied with by the OPs No.1 & 2 jointly & severally within 45 days from the date of receipt of the certified copy of this order.

 

7]       Pending application(s) if any, stands disposed of accordingly.

        Certified copy of this order be sent to the parties free of charge, after which the file be consigned.  

Announced

31.01.2024                                                          

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (B.M.SHARMA)

MEMBER