Tamil Nadu

North Chennai

158/2012

M/s.Seven HillsFabricators, rep. by Proprietor,P.Harinarayanan, - Complainant(s)

Versus

Sales Manager, Volkswagen Chennai, M/s,Abra MotorsPvt Ltd, Corporative Office & Show room-1 - Opp.Party(s)

N.Srinivasalu

24 Apr 2017

ORDER

 

                                                            Complaint presented on:  09.07.2012

                                                                Order pronounced on:  24.04.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

MONDAY THE 24^th   DAY OF APRIL 2017

 

C.C.NO.158/2012

 

 

M/s.Seven Hills Fabricators,

Rep. by its Proprietor,

Mr.P.Harinarayanan,

No.9, Balaji Nagar,

Ambattur, Chennai – 600 053.

 

                                                                                        ..... Complainant

 

..Vs..

 

1.Sales Manager,

Volkswagen Chennai,

M/s. Abra Motors Private Limited,

Corporate Office & Show Room-1,

RAIS TOWERS, Plot No.2054-B,

2^nd Avenue, Anna Nagar,

Chennai – 600 040.

 

2. The Assistant General Manager/Service,

Volkswagen Chennai,

M/s . Abra Motors Private Limited,

No.80, Southern Avenue,

Ambattur Industrial Estate,

Chennai – 600 058.

 

3. Deputy Manager/Claims,

M/s. Bajaj Allianz General Insurance Company Ltd.,

No.25/26, Prince Towers,

V Floor, College Road,

Chennai – 600 006.

 

4. Mr. Saravanan, surveyor,

M/s. Bajaj Allianz General Insurance Company Ltd.,

No.25/26, Prince Towers,

V Floor, College Road,

Chennai – 600 006.

 

5. M/s. Volkswagen,

Brand Communications Manager/

Customer Care Officer,

Office at National Highway 4 Mumbai,

Maharashtra – 411 045.

 

6.M/s, Volkswagen Group Sales India Pvt. Limited,

3,North Avenue, Level 4, Maker Maxity,

Bandrakurla Complex,

Bandhra (East), Mumbai,

Maharashtra – 400 451.

 

7.Mr.Hemananth,

Customer Relations Manager,

M/s. Volkswagen, At M/s.Abramotors,

No.80, Southern Avenue,

Ambattur Industrial Estate,

Chennai – 600 058.

 

8. M/s/Mrs.C.Srividya,

Sales Consultant,

M/s. abra Motors Private Limited,

Corporate  Office & Show Room – 1,

RAIS TOWERS, Plot No.2054-B,

2^nd Avenue, Anna Nagar,

Chennai – 600 040.

 

 

9. Mr. sujay dharwadkar,

Customer Care Unit,

M/s. Bajaj Allianz General Insurance Company Ltd.,

GE Plaza Airport Road,

Yerawada, Pune – 411 006.

 

	...Opposite Parties

Date of complaint                                       : 19.07.2012

Counsel for Complainant                           : M/s. N. Srinivasulu

Counsel for 1, 2, 7 & 8 Opposite parties       : M/s. Nandini Ram

 

Counsel for 6th Opposite Party                          : AR. Ramanathan

 

Counsel for 3, 4, & 9 Opposite Parties         : M.B.Gopalan

 

Counsel for 5^th Opposite Party                            : Ex – parte

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to direct the Opposite Parties 1,2,5,6,7 & 8 to repair the vehicle free of cost and also to direct them to pay compensation of Rs.20,00,000/- with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant purchased a Volks Wagen Polo Car from the 2^nd Opposite Party/dealer and paid a part consideration of Rs.2,34,160/- and vehicle was registered bearing No.TN 18 Z 3737 and the balance amount also paid before registration. The said vehicle was manufactured by the 6^th Opposite Party. The Opposite Parties 1^st & 8^th  have arranged vehicle insurance with the 3^rd Opposite Party and the Complainant also insured his vehicle with the 3^rd Opposite Party. However, they have not informed the various types of policy available for insuring the vehicle. The vehicle runs 10,060 kilo meters just after 9 months. The vehicle met with an accident on 04.01.2012 at the National High Ways near Krishnagiri when a dog suddenly jumped in front of the running car and thereby the radiator and engine of the vehicle damaged. Immediately the Complainant contacted M/s Volkswagen at Chennai and informed the accident and sought road repair assistance. However, they did not provide the same and the Complainant contacted number of times; they informed that in view of Pongal Holidays from 14.01.2012 to 16.01.2012 they were not in a position to provide road repair assistance or to bring the vehicle to Chennai by towing the vehicle.  Further they requested him by engaging private party to bring the vehicle to Chennai.

          2. The Complainant brought the vehicle by engaging private part for towing from Krishnagiri to Chennai and handed over to the 2^nd Opposite Party on 15.01.2012. The 2^nd Opposite Party has not carried out any repair till filing the Complaint. The 5^th and 6^th Opposite Parties are doing authorized repair and maintenance works shop. The Complainant availed services of a private car on monthly rental basis. The Complainant also made a claim to the 3^rd Opposite Party/insurer on 18.01.2012 and he replied that the Company is not liable to make any payment for consequential loss, depreciation, wear and tear, mechanical or electrical breakdown. The 3^rd Opposite Party appointed a surveyor who inspected the vehicle assessed loss only for Rs.17,594/-. The 2^nd Opposite Party has replied by sending estimate dated 17.02.2012 to the Complainant that the amount worked to Rs.6,04,258/- being the cost of the repair charges. The 2^nd Opposite Party without intimation and in the absence of the Complainant after 10 months of the accident issued such estimate. The Opposite Parties 1, 2, 5,6,7,8 failed to repair the vehicle and caused mental agony to the Complainant and loss to him and hence he had filed this Complaint to direct the said Opposite Parties to repair the vehicle free of cost and also to direct them to pay compensation of Rs.20,00,000/- with cost of the Complaint.

3. WRITTERN VERSION OF THE  1^st, 2^nd, 7^th & 8^th OPPOSITE PARTIES  IN BRIEF:

          The Opposite Parties admits that the Complainant have purchased Volkswagen Polo Car and took delivery of the same on 28.04.2011. The above car was run for more than 10000 kilo meters without any problems. The car has insurance coverage with the 3^rd Opposite Party.  The car was delivered to the Complainant in an excellent condition. The said car was involved in a road accident on 14.01.2012. The Complainant has left the car with the above Opposite Parties for carrying out the repair work necessitated in the road accident. The estimate for repair was not approved by the Complainant and hence the repair work could not be carried out by the Complainant. To speed up the repair work the Opposite Parties have sent letters dated 17.02.2012 and 28.02.2012 to the Complainant and for the said letter also he had not given any approval. The Complainant had driven the vehicle around one kilometer after the accident. The Complainant alleged that it is a case of manufacturing defect and for such defect the Opposite Parties have nothing to do with the same. Hence, these Opposite Parties have not committed any deficiency in service and not liable to pay compensation and prays to dismiss the Complaint with cost.

 

 

4. WRITTEN VERSION OF THE 3^rd OPPOSITE PARTY ADOPTED BY THE 4^th & 9^th OPPOSITE PARTIES  IN BRIEF:

          The Complainant insured his car with this Opposite Party for the period 28.04.2011 to 27.04.2012 accepting the terms and conditions of the policy. The Complainant has suppressed the policy terms and has filed only the schedule. The Opposite Parties arranged the 4^th Opposite Party/surveyor to inspect the vehicle to assess the damage. The surveyor assessed the damage for a sum of Rs.52,880/-.  The 3^rd Opposite Party arrived the admissible amount at actual loss at Rs.17,594/- and the said excess was completed on 15.02.2012. The estimate for Rs.6,04,258/- referred by the Complainant only after conclusion of the above assessment by the insured. The engine was damaged not due to collision, but due to engine was kept running even after the incident and hence the insurer has no liability under the policy. The Complainant sent an e-mail dated 08.02.2012 that the vehicle is having manufacturing defect. This Opposite Party has no liability for the engine repairs and he has not committed any deficiency in service and prays to dismiss the Complaint with cost.

5. WRITTEN VERSION OF THE 6^th OPPOSITE PARTY IN BRIEF:

          The 6^th Opposite Party is a company marketing, sale and serving of Volkswagen group vehicle, though its dealers across India on principal to principal basis. The Complaint has no cause of action and territorial jurisdiction to proceed against the Opposite Party. The vehicle of the Complainant reported to the work shop of the Abra Motors Private Limited for accidental repairs are out of warranty policy.  The Complainant is a proprietor firm in the name and style of M/s Seven Hills Fabricators purchased the car bearing No.TN 18 Z 3737 for its business purpose in the name of the company M/s Seven Hills Fabricators to claim depreciation. Thus, it is clear that there is a direct nexus between the purchase of the car and profit making activity by the Complainant i.e M/s. Seven Hills Fabricators. Hence the Complaint is defective in toto and deserves to be dismissed inlimine with costs that the Complainant is not Consumer. The other averments made in the Complaint are not relevant to this Opposite Party and prays to dismiss the Complaint with cost.

6.POINTS FOR CONSIDERATION:

          1. Whether the Complainant is a Consumer?

          2. Whether there is deficiency in service on the part of the opposite parties?

          3. Whether the complaint is entitled to any relief? If so to what relief?

7.POINT : 1

          The commonly admitted facts are that the Complainant purchased the Volkswagen Polo Car from the 2^nd Opposite Party/dealer for a valuable consideration and Ex.A2 is the sale contract form entered with the 1^st Opposite Party and the advance amount of Rs.2,34,160/-  was paid on 21.04.2011  under Ex.A3 and the vehicle was registered under Ex.A9, RC book  bearing registration No.TN 18 Z 3737 and the vehicle run for more than 10,000 kilometrs in 9 months and on 14.01.2012 the vehicle met with an accident at the National High Way near Krishnagiri when a dog suddenly jumped in front of the car and thereby the vehicle suffered with damage and thereafter the Complainant engaged a  private party to tow the vehicle to Chennai paid a sum of Rs.8,000/- under Ex.A1 and thereafter the vehicle was handed over on 15.01.2012 with the 2^nd Opposite Party to rectify the vehicle and he had also intimated the incident to the 3^rd Opposite Party/insurer and he appointed the surveyor/4^th Opposite Party who had inspected the vehicle and gave estimate for Rs.52,818/- and the  3^rd Opposite Party finally arrived admissible amount only at Rs.17,594/-.

          8. The Complainant purchased the vehicle from the 2^nd Opposite Party for a valuable consideration in the name of Complainant Company and registered the vehicle also in the name of the company and Ex.A9 is the registration certificate of the vehicle. Ex.A2 contract sale form, Ex.A3 part payment receipt, Ex.A4 invoice for the cost of the vehicle and Ex.A5 delivery acknowledgement are all issued in the name of the Complainant Company. The vehicle also registered in the name of the Complainant Company.  Therefore as contended by the Opposite Parties 1,2,6,7 & 8 the vehicle has been purchased for the purpose of company’s use cannot be discarded. In view of such conclusion having the vehicle was purchased for the company’s use, the company which is carrying on business and the Complainant cannot be considered as a Consumer and accordingly this point is answered.

9. POINT NO:2

          Admittedly the vehicle met with an accident in collision with a dog  in the highway near Krishnigiri. According to the Complainant by engaging the 3^rd party from the place of accident spot towed the vehicle to Chennai and handed over to the 2nd Opposite Party.  The insurance surveyor arrived an estimate of Rs.52,818/- and that was determined by the 3^rd Opposite Party/insurer that the  Complainant is  eligible only for Rs.17,594/-. Subsequently, Abra Motors sent Ex.A16 dated 17.02.2012 for an estimate of Rs.6,04,258/- for repair. The Complainant did not give his consent to carry out the repair for such estimate. Hence the Abra Motors again sent a letter dated 28.02.2012 (Ex.B11) requiring the consent of the Complainant to carry out the work. However, the Complainant sent Ex.A18 e-mail letter to the Abra Motors that he will proceed to the Consumer Forum. Even in that letter he did not give his consent to carry out the repair. Since the Complainant did not give his consent to repair the work as per estimate given Ex.A16, the service providers/Opposite Parties 1,2 7 & 8 cannot be held liable.

          10. The Opposite Parties 1,2, 7 & 8 further argued that after accident the vehicle run 10 minutes or one kilo meter the coolant drained entirely due to own negligent on the part of the driver and engine became defective. The Complainant sent Ex.A12 mail to the customer care @ Volkswagen.co.in and wherein he had stated that “the vehicle has run only about one kilo meter to park in the service road”. The above statement clears that even after the accident the vehicle was driven for a kilo meter by the Complainant driver and during that period the entire coolant might have drained and engine could have got seized. Therefore, for this consequential damage the Opposite Parties are not liable. Further the Complainant has not proved by examining expert witness any manufacturing defect in the vehicle.

          11. Therefore in view of the forgoing discussions and conclusions that the Complainant is not a Consumer, the vehicle is not having a manufacturing defect and the damage is only a consequential one, it is held that the Complainant has not proved the deficiencies committed by  the Opposite Parties 1 to 9.       

 12.POINT :2      

Since the Opposite Parties have not committed any deficiency in service, the complainant is not entitled for any relief as prayed in the complainant and the complaint is liable to be dismissed.

          In the result the complaint is dismissed. No costs.

Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 24^th day of April 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 15.01.2012                   Towing charges paid receipt

Ex.A2 dated 21.04.2011                   Sale contract Form

Ex.A3 dated 21.04.2011                   Receipt No.4684

Ex.A4 dated 22.04.2011                   Proforma Invoice

Ex.A5 dated 27.04.2011                   Delivery acknowledge note 2867

Ex.A6 dated 27.04.2011                   Tax Invoice

Ex.A7 dated 28.04.2011                   Certificate cum policy schedule

Ex.A8 dated NIL                     New vehicle terms & conditions Warranty

                                                  Coverage 

 

Ex.A9 dated 28.04.2011                   Form of Certificate of Registration of the vehicle

 

Ex.A10 dated 30.04.2011                 Receipt vide No.4796

 

Ex.A11 dated 14.01.2012                 Cell phone calls to M/s.Volkswagen

 

Ex.A12 dated 08.02.2012                 Complainant’s request by e-mail to Volkswagen

 

Ex.A13 dated 14.02.2012                 Complainant’s request by e-mail to Volkswagen

 

Ex.A14 dated 15.02.2012                 Letter issued by Bajaj Allianz

 

Ex.A15 dated 16.02.2012                 E-mail letter to Bajaj Allianz by Complainant

 

Ex.A16 dated 17.02.2012                 Estimate sent by Abra Motors

 

Ex.A17 dated 18.02.2012                 Complainant’s request by e-mail to Abra Motors

 

Ex.A18 dated 02.03.2012                 E-mail to Abra Motors by Complainant

 

Ex.A19 dated 22.03.2012                 Legal notice  sent to all opponent parties

 

Ex.A20 dated 23.03.2012                 Acknowledgement cards from 1        ,2,7 & 8 Opposite

                                               Parties

 

Ex.A21 dated 24.03.2012                 Letter from Bajaj Allianz

 

Ex.A22 dated 26.03.2012                 Acknowledgement cards from 3 & 4 Opposite

                                                Parties

 

Ex.A23 dated 27.03.2012                 Return RPAD postal cover from 5^th respondent

 

Ex.A24 dated 28.03.2012                 Acknowledgement cards from 6^th  Opposite Party

 

Ex.A25 dated 31.03.2012                 Reply to Bajaj Allianz General Insurance Co.,

                                                   Ltd.,

 

Ex.A26 dated 09.04.2012                 Acknowledgement card from Bajaj Allianz

                                                    Insurance Co., Ltd.,

 

Ex.A27 dated 10.04.2012                 Reply from the 6^th Opposite Party

 

LIST OF DOCUMENTS FILED BY THE 3^rd  &  4^th  & 9^th  OPPOSITE PARTIES:

Ex.B1 dated NIL                     Policy

Ex.B2 dated 18.01.2012                   Estimate

Ex.B3 dated 08.02.2012                   Surveyor’s Clarification

Ex.B4 dated 13.02.2012                   Survey Report

Ex.B5 dated 15.02.2012                   Opposite Party’s Letter

Ex.B6 dated 14.03.2012                   -do-

Ex.B7 dated 24.03.2012                   -do-

 

 

LIST OF DOCUMENTS FILED BY THE 6^th  OPPOSITE PARTY:

Ex.B8 dated 02.07.2012                   Volkswagen

LIST OF DOCUMENTS FILED BY THE 1^st & 2nd &  7^th & 8^th  OPPOSITE PARTIES:

 

Ex.B9 dated 18.01.2012                   Estimate

Ex.B10 dated 17.02.2012                 Estimate

Ex.B11 dated 28.02.2012                 Body shop

Ex.B12 dated 14.07.2012                 Nandini ram ranga ramanujam

 

                                               

 

MEMBER – II                                                               PRESIDENT