Orissa

Jharsuguda

CC/24/2014

NatwarLal Kedia S/O Radha Kishan Kedia Jharsuguda - Complainant(s)

Versus

Satish Garg A unit of Gaeson Automobile (P) Ltd.Bhubaneswar - Opp.Party(s)

D.K Jain

26 Sep 2014

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER  COMPLAINT  CASE NO. 24 OF 2014

 

Natwar Lal Kedia (57 Yrs),

S/O- Late Radha Kishan Kedia,

R/O- Lodha Dharmasala Gali,

PO/PS/Dist -Jharsuguda, Odisha……………….…………..………….……….… Complainant.

      

                                           

Versus

 

Sri Satish Garg,

Renault Bhubaneswar,

(A Unit of Gargson Automobile (P) Ltd.),

A/66, Nayapalli, N.H.5,

Bhubaneswar (Odisha) PIN-751012…………………………………………....…...Opp. Party.

 

 

Counsel for the Parties:-

For the Complainant                                       Shri D.K.Jain, Advocate & Associates.

For the Opp. Party                                          Shri A.K.Patjoshi, Advocate & Associates

 

Date of Order: 29.09.2014

 

 

Present

 

                                                                                             1. Shri S. K. Ojha, Sr. Member.

                                                                                             2. Smt. A. Nanda, Member (W).

 

 

Shri S.K. Ojha, Sr. Member :-  The complainant’s case in brief is that, he has purchased one Duster Diesel HP RXL car on dtd. 05.12.2013 for his personal use from the O.P., financed by HDFC Bank Ltd., Jharsuguda and delivered by the O.P at Jharsuguda. The complainant has paid Essential Pack Charges of Rs.18,650/- only  to the O.P. The complainant was not provided the Floor Mate, Dickey Mate, Exhaust Pin and Baby Seat and other items of essential pack as per the said contract, which were assured to be provided shortly, but were not provided after being repeated requests by the complainant.  Without being the said accessories the complainant has deprived from the pleasure of driving a new car. The complainant alleges unfair trade practice on the part of O.P on above mentioned activities and filed this case for adjudication along with relevant documents.   

Being noticed, the O.P. appeared and filed written version in person, but failed to appear for hearing even after providing sufficient opportunities.  The O.P mentioned  in his version that, he has sold the vehicle to the complainant for amount of Rs.9,95,500/- only and has taken Rs.53,170/- only towards Registration fees, Rs.6,000/- for Logistic charges, Rs.10,130/- for Essential Pack and Rs.6,502/- only for Body Care, in total amount to Rs.10,70,802/- only against which, the complainant has paid Rs.50,000/- only on dtd. 14.11.2013, Rs.8,74,619/- only on dtd. 29.11.2013 and Rs.1,50,000/- only on dtd. 04.12.2013, total amounting Rs.10,74,619/- only.  The excess amount of Rs. 3,817/- only sent through a cheque by registered post with A.D.  The O.P never assured to provide the accessories like Floor Mate, Dickey Mate, Exhaust Pin and Baby Seat  as alleged by the complainant, rather the O.P. has issued Seat Cover, Mud Flap and Car Cover to the complainant for Rs.10.,130/- only and the complainant has never paid Rs.18,650/-. The O.P. challenged on the maintainability of the case and prayed for dismissal of the case.                                        

            Heard from the complainant, gone through the case record alongwith the documents available and subsequently posted for order. On the date of order i.e. on dtd. 19.08.2014, the O.P came to surface through his counsel and prayed for a chance to produce his relevant documentary evidence in support of his case and also prayed to be heard. This Hon’ble Forum considered the prayer of O.P and given chance for hearing and production of relevant documentary evidence if any, but the O.P failed to produce either any documentary evidence or for hearings and praying for more times continuously. Ultimately, this Honb’le Forum proceeded towards disposing of the matter as per merit.

            The complainant had purchased a car having brand and model as Duster Diesel HP RXL – H79 on dtd. 05.12.2013 from the O.P, bearing Invoice Number ACCA13000303, financed by the HDFC Bank Ltd., Jharsuguda Branch. The value of the car is Rs.9,95,000/- only. As per the ‘Vehicle Delivery Financial Approval’ issued by the O.P. dtd. 05.12.2013 alongwith the cost of the vehicle, amounting Rs.9,95,000/- only, the O.P has charged Rs.53,170/- only towards Registration & Road Tax Charges, Rs.6,000/- only towards Logistic Charges, Rs.18,650/- only towards Essential Pack Charges (Accessories) and Rs.8,000/- only towards Body Care Charges, total amounting to Rs.10,80,820/- only, out of which the complainant has paid Rs.50,000/- only on dtd. 14.11.2013 and Rs.1,50,000/- only  on dtd.04.12.2013 through Bank Transfer and the O.P has received Rs.8,74,619/- only from the financier, total amount received by the O.P is Rs.10,74,619/- only. The excess amount of Rs.6,201/- only to be received by the complainant. The said document has been issued to the complainant without endorsement of any signature and without any remarks.

But, as Annexure III filed by the O.P the said ‘Vehicle Delivery Financial Approval’ dtd. 05.12.2013 reflects something different figure. As per the said document, in the head of ‘Customer Credit Details’ it is showing the same amount of Rs. 10,74,619/- only, but in the head ‘Customer Debit Details’, besides the cost of vehicle amounting Rs. 9,95,000/- only, Registration & Road Tax Charges Rs.53,170/- only, Logistic Charges amounting Rs.6,000/- only, Essential Pack Charges (Accessories) has been mentioned as Rs.10,130/- only and Body Care Charges amounting Rs.6,502/- only, in total Rs.10,70,802/- only. This time the excess amount of Rs.3,817/- only the complainant is eligible to get the said amount. The said document has been duly stamped and signed by the concerned signatories with remarked as S.C, M.F, B.C = Rs.10,130/-.

The O.P with his Written Version, has filed the copies of letter sent to the complainant dtd. 04.06.2014, a cheque amounting Rs.3,817/- only, Bill amounting Rs.10,130/- only towards accessories dtd. 05.12.2013, ledger account of the complainant maintained by the O.P, ‘Vehicle Delivery Financial Approval’ dtd. 05.12.2013 and quotation of different models of vehicles.

            As per the above mentioned documents filed by the O.P, there are many variations in different heads maintained by the O.P which are found out after being minutely observing, those are as follows;

1. In the ‘Vehicle Delivery Financial Approval’ dtd. 05.12.2013 which is duly signed and sealed, in the head of Essential Pack charges (accessories) mentioned as Rs.10,130/- only but the same document issued on the same date of without having any seal and signature which was provided to the complainant, it was mentioned Rs.18,650/- only so also in the quotation of O.P.
2. In the said document, under the head Body Care Charges (service), it has mentioned Rs. 6,502/- only but in the same document issued on the same date, which was provided to the complainant, it has mentioned Rs.8,000/- only so also in the quotation of the O.P.
3. In the said document, the O.P has mentioned Rs.53,170/- only in the head, Registration and Road Tax Charges, but in the ledger account maintained by the O.P it has mentioned Rs.50,183/- only and later it has been adjusted by creating other heads amounting to Rs.53,170/- only.

As per the ledger account of the complainant, maintained by the O.P , the O.P has taken Rs.2,00,000/- only from the complainant and Rs.8,74,619/- only from the HDFC Bank (financed amount)  in total Rs.10,74,619/- only which has been balanced by refunding Rs.3,817/- only to the complainant.  But as per the quotation and the said ‘Vehicle Delivery Financial Approval’ dtd. 05.12.2013 issued to the complainant, the O.P has charged Rs. 10,80,820/- only and he should return Rs.6,201/- ( excess amount) only to the complainant, but the O.P has returned Rs.3,817/- only i.e. Rs.2,384/- only is still with the O.P of complainant towards remaining accessories which the O.P. assured to the complainant.

The O.P has provided Seat Cover, Mud Flaps, Car Cover and charged Rs.10,130/- only but as per the Affidavit in shape of evidence filed by the complainant, the O.P  could not provide Floor Mate, Dickey Mate, Exhaust Pin and Baby Seat to the complainant, for which the O.P has assured and not provided after charging Rs.18,650/- only from the complainant.  The O.P has also charged Rs.8,000/- only as Body Care charges but, mentioned Rs.6,502/- only in his documents.

       Charging of amount by assuring to provide relevant accessories and later not providing such relevant accessories by the trader to a consumer is bad in the eye of law, which has exactly happened in the present case. Hence, as per the principles of natural justice, the O.P is found to be deficient in his service and on the above limelight we are in considered opinion to allow the complainant petition by directing the O.P in form of order as follows:

 

 

ORDER

1. The O.P is hereby directed to provide the remaining Essential Pack accessories such as Floor Mate, Dickey Mate, Exhaust Pin and Baby Seat to the complainant.
2. The O.P is hereby further directed to pay Rs. 15,000/- (Rupees fifteen thousand) only to the complainant towards harassment, mental agony and cost of the case.
3. All the above order should be carried out within 30(thirty) days from the date of receipt of this order failing which, the O.P. shall be liable for interest @ 10% p.a on the above mentioned awarded amount till realization.

            Accordingly the case is disposed of.

 

Order pronounced in the open court today the 29^th day of September’ 2014 and copy of this order shall be supplied to the parties as per rule.              

 

                                                                      I Agree.                 

                                                                                                           

                                                             Sd/ -A. Nanda, Member (W)             Sd/-S. K. Ojha, Sr.Member.                  

 

                                              Dictated and corrected by me.

 

                                               Sd/- S.K.Ojha, Sr. Member.