DISTRICT CONSUMER DISPUTES REDRESSAL

                             COMMISSION

                      FATEHGARH SAHIB

Karam Chawla son of Surinder Chalwa, Village Tarkheri, Tehsil Nabha, Distt. Patiala (Punjab)-147201.

                                                                                                                     …………....Complainant

                                                Versus

1.  Saurav Advisor   

2. Khan Mechanic.

3.   Bikramjit, Manager

C/o Pal Hyundai, Atwali, Fatehgarh Sahib.

                                                                              ..………....... Opposite Parties

Complaint under Section 11,12& 14 of Consumer Protection Act 1986(Old)

Quorum

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

Present: Complainant in Person.

     Sh.T.S.Dhiman, counsel for OPs.

 The  complaint has been filed against the OPs (opposite parties) , Under Section 12 of Consumer Protection Act-1986 (old) alleging deficiency in service with the prayer for giving direction to the OPs to rectify the vehicle and hand over the same in prefect condition to the complainant to his satisfaction.  He has also claimed amount of Rs. 10,000/- as mental torture, Rs.10,000/- as losses due to deficiency in service of OPs and Rs.20,000/- as cheating, fraud and theft of parts committed by OPs. Thus the complainant has claimed total sum of Rs.40,000/-

1.    The  complainant  is owner of vehicle car make Grand i10 sports, model 2016 bearing no.PB-11BZ5532. The complainant got his car insured from Bajaj Allianz. The complainant has stated that the car developed some  minor defects in April 2019 and he took the car to OPs agency where he met OPs no.1 and 2, who checked the vehicle and told the complainant that there was some defect in gas kit of car and told him to leave the car  with  them.  The OPs told him that the car shall be delivered fully repaired and quoted Rs.7,000/- to Rs.8,000/- as repair charges. The OPs asked complainant to come on next day, on receiving their phone call. The complainant has mentioned that he did not receive OPs’s phone call and he went to agency and was shocked to find that whole  engine of car was dismantled.  The complainant objected to dismantlement of engine without his permission. The complainant was told by the OPs that removal of defects shall cost Rs.70,000/- to Rs.80,000/- . The OPs told complainant that if he did not want car to be repaired by them, then they will charge Rs.5,000/- for assembling the engine and complainant may take back his car with tochen and that OPs shall not be responsible for any thing. The complainant has alleged that OPs removed/replaced genuine part of the car with other cars which had come for repair to OPs workshop. The complainant objected to this and lodged DDR with Police station at Fathegarh Sahib, but the same was filed by Police on the plea that it was of Civil nature. The complainant also lodged compliant with SSP Fatehgarh Sahib. The complainant then refused to take back his car. The OPs gave legal notice to complainant directed him to remove the vehicle or else he shall be charged for not removing the car. The complainant is without vehicle from last more than 4 month and had to higher taxi for business assignment etc. 
2.        Notice of the complaint was given to the OPs  through registered Post, OPs appeared through their Counsel  and filed  written version jointly.
3.        The complaint has been contested by the OPs and they  filed written version jointly  by raising preliminary and legal objections.  The complainant took his car on 11.4.2019 to branch office of OPs with help of some other car by way of toeing their car. The complainant then told employees of OPs that his car was not working and could not start and so  stopped in way. The complainant ordered OPs to carryout service/repair of this Vehicle. The Ops initially informed the complainant that problem seemed to be need of change of gas kit with estimated cost of about Rs.7,000/-. But they found out the actual problem after whole inspection of car. The complainant had directed to do the needful as required and to bring the car back into order. As per the direction of the complainant, OPs carried out the inspection of whole car and found that engine was over heated and  it required repair of full engine.  On 12/4/2019 complainant was informed by the OPs that cost of repair of the car would be approximately of Rs.70,000/- including labour charges to which complainant had agreed . The complainant moved false complaint against OPs before SSP, Fatehgarh Sahib to involve OPs in  criminal case. The OPs got dismantled the vehicle as per directions of the complainant and cost of said labour charges are Rs.7,000/- , if the complainant does not get his car repaired from OPs. The OPs are also entitled to parking charges of Rs.200/- per day from 11.4.2019 till the payment of charges to OPs. The OPs have suffered mental agony due to false application moved by complainant and has claimed Rs.50,000/- on this ground.  The complainant can get his car released after paying the amount of Rs.7,000/- along with parking charges of Rs.200/- per day and Rs.50,000/- as compensation of mental agony. The OPs  issued legal notice dated 17.5.2019 to the complainant. The false complaint moved by the complainant with Police has already been ordered to be filed by Fategharh Sahib Police.
4. The complainant in support of the complaint tendered in evidence his  affidavit Ex.CW1, copies of documents i.e Insurance Policy Ex.C1, DDR Ex.C2,  Complaint   to SSP, Fatehgarh Sahib Ex.C3, photographs of dismantled engine Ex.C4 to Ex.C5 and affidavit of complainant Ex.C6. In rebuttal the OPs tendered affidavit of Vikram Verma service Manager Ex.R1, copy of legal notice Ex.OP1and closed their evidence.
5. Heard. Entire record perused.
6. From the perusal of the file and the evidence tendered by the parties,  it is found that the complainant went to the OPs’s workshop at his own sweet will and choice on  11.4.2019  and  left the car with OPs for  its repair. The OPs gave their opinion that the car needed gas kit change which would be costing about Rs.7,000/-. It was all verbal interaction with no bilateral written document between complainant and OPs. The complainant went to workshop again on 12.4.2019 and was informed by the OPs that the engine of the car had over heated and that it needed major repairs which would cost about Rs.70,000/-. To find out the defects in car , the Ops had dismantled the engine of the car (Photographs as Ex.C3 to Ex.C5).  The complainant did not agree with the finding of the OPs, as conveyed to him on 12.4.2019, regarding observed defects in car and estimate of repair. Thereafter, complainant lodged police complaint against OPs, which  were filed by Police.  Meanwhile the OPs issued legal notice to the complainant on  17.5.2019 vide Ex.R1 , asking the complainant  to take the car back and claimed mental agony and harassment charges of Rs.50,000/-, besides parking charges of Rs.200/- per day. However the complainant did not choose to send reply there to nor take the car back or asked for its repair. However the OPs also kept mum after issuing legal notice on 17.5.2019 and  did not contact the complainant again to take  the car back. Local  Commissioner was also appointed with the directions to examine the car  in question by taking help of some mechanic. However the  Local Commissioner  stated that he was  unable to execute  the orders of this Commission dated 10.12.2020 as no mechanic  was willing to accompany   him.  Hence, there was clear cut prolonged stalemate in this  matter with  both the parties  sticking to  their own stands . Therefore, keeping in view the entire facts and circumstances  and  striking a balance between the  interest of the parties ,  we deem it proper to  direct the OPs to  reassemble the car parts as they were brought to their workshop and return the car to the complainant . However no labour  charges and parking  charges shall  be recoverable by  the OPs from the complainant. The  instant complaint is disposed of accordingly.  

The complaint could not be decided within the statutory period due to due to pandemic of Covid-19. Copy of this order be sent to the complainant and the OPs as per rules. File consigned to record room .

Pronounced: 28 March 2023                

                                                                           (S. K. Aggarwal)

                                                                              President

                                                                                   (Shivani Bhargava)

                                                                              Member

                                                                                    ( Manjit Singh Bhinder )

                                                                                                                                       Member