Haryana

Kurukshetra

160/2016

N.S.Shokeen - Complainant(s)

Versus

Shivalik Motors - Opp.Party(s)

Kanwar Ji Sharma

30 May 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

                                                Complaint no. 160 of 2016.

                                                Date of instt: 06.06.2016.

                                                Date of Decision: 30.05.2018.

 

N.S. Shokeen son of late Raj Singh, age 59 years, presently resident of F-4, University Campus, Kurukshetra University, Kurukshetra, Tehsil Thanesar, District Kurukshetra.

       

                                                                                                                                                        …….complainant

                          Vs.

 

M/s Shivalik Motors, New Bus Stand, Near Satya Nursing Home, Pipli Road, Kurukshetra, Tehsil Thanesar, District Kurukshetra.

                                                        ….OP.

 

Complaint under section 12 of Consumer Protection Act.

 

Before:              Sh. G.C. Garg, President.    

Sh. Kapil Dev Sharma, Member,

                       

Present:     Sh. Kanwaljit Sharma, Adv. for complainant.

                Sh.Rajan Chawla, Adv. for the Op.

 

ORDER:

 

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant N.S. Shokeen against M/s Shivalik Motors, opposite party.

2.            It is stated in the complaint that on 30.12.2015 the complainant visited the office of OP for getting the regular service done of his vehicle swift diesel bearing registration No.DL-2CAN-8855 which was in proper working condition at that time. After inspection, OP asked the complainant to leave the vehicle for service and pick it up from the workshop in the evening same day. The complainant again visited the OP to pick up the car and when he was surprised to know about the new defect pointed out by the OP regarding malfunctioning of the crank shaft as indicated by the scanner. Since, the complainant had to leave for Delhi the very next day i.e. 31.1.2015, he told the OP that he would get the vehicle fixed in Delhi, but OP had presented the deceived facts that the mechanics with OP were specifically trained for such malfunctioning. Bargain prices and pseudo discounts were also floated to lure the complainant. Being prey to fake promises of the OP, the complainant requested the OP to get the car fixed on the same day and waited at workshop till 8:00 P.M.  hoping he would get his car in the same condition as it was, when dropped off for service at workshop of OP. Around 8:00 P.M the OP informed the complainant that there was no defect in the crank shaft and told to come again on next day to which he did not object as he was not left with any other option but to wait. The OP handed over a slip for payment of service charges of the car amounting to Rs.2313/- and when complainant asked for the bill, he was informed that bill will be given once the car is fixed properly after removing the so called crank shaft defect. The complainant paid the services charges of Rs.2313/- to the OP and went back home. On 31.12.2015 when complainant again visited the workshop of OP, the OP fixed the car temporarily and informed the complainant that the car has been repaired. The OP again handed over rough receipt of Rs.200/ and when asked for the bill, the complainant was further denied the bill and informed to contact the OP again for the same. On 2.1.2016 the complainant called up OP and asked for payment he had made, but OP being in dominant position and abusing that position declined the request stating that payment made was non refundable and non transferable, which forced the complainant to again abide by the condition. The complainant was again called by the OP on 9.1.2016 i.e. after 7 days, to remand the OP about the pick up of the car as promised by them. There was no positive response from the OP’s side and OP also stopped taking calls from the complainant and further warned the complainant of dire consequences, if he called the OP in future. Due to the act and conduct of the OP, the complainant has suffered mental agony, physical harassment and financial losses. Thus, it amounts to deficiency in service on the part of Op. Hence, the present complaint was moved by the complainant claiming the amount of Rs.2513/- relating to service charges of car, Rs.2,00,000/- los in business, Rs.15,000/- future expenses for car repairs, Rs.3,00,000/- as damages for pain, suffering and mental agony, Rs.2,00,000/- compensation for unfair trade practice, Rs.33,000/- as litigation expenses.

3.                   Upon notice, opposite party appeared and contested the complaint by filing written statement taking preliminary objections that the complaint is not maintainable; that the complainant has not come to this Forum with clean hands and has concealed the true and material facts and as such he is not entitled to any relief. The true and real facts are that on 30.12.2015 the complainant visited the service station of the OP for the service of his shift diesel car bearing No.DL-2CAN-8855 which was also having some other problems. After the mechanical check up there was some defect in the crank shaft of the complainant vehicle and the same was conveyed to the complainant when he came back to pick his car. On the request of complainant, the answering OP tried to repair his car in the late hours, because the complainant requested the answering OP that he will duly repair his car after the date after tomorrow, because he is in the urgent need to visit Delhi on the very next day. The estimating cost of the service and general repair was given to the complainant on a rough slip and nothing was charged from the complainant. The answering OP only charged Rs.200/- as scanning charges of the car on the next visit of the complainant for which it was also assured to issue invoice in a routine manner with the other charges of the repair when he will again visited to the service station; that despite to visit the service station of the OP for service and repair of his car, he served a vague and illegal notice dated 9.3.2016 through his counsel. The answering OP had done nothing wrong nor charged any amount except for scans charges of Rs.200/- from the complainant and the complainant has concocted a false story. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of answering OP and as such, the complaint of the complainant is liable to be dismissed with costs. On merits, the contents of the complaint were denied. Preliminary objections were repeated. Prayer for dismissal of the complaint was made.

4.            The complainant led his evidence.

5.             We have heard the ld. Counsel for the parties and have gone through the record available on the file carefully.

6.             The complainant has placed on record the estimate as Ex.C2 to the tune of Rs.2313/- and for diesel belt Rs.200/-.  Further the complainant is also entitled to the compensation for harassment and mental agony to the tune of Rs.20,000/-.  Thus, he is entitled for the sum of Rs.22,513/-. 

7.             Thus, as a sequel of above discussion, the complaint of complainant is allowed partly and we direct the Op to pay Rs.22,513/- to the complainant.  The order; be complied within two months, failing which, the complainant shall be entitled to interest @ 6% p.a. on the above-said amount of Rs.22,513/- from the date of order till its realization and penal action under Section 27 of the Consumer Protection Act, 1986 would be initiated against the opposite party.  A copy of said order; be supplied to the parties free of cost.  File be consigned to record-room after due compliance.                  

Announced in open court:

Dt.:30.05.2018.  

                                                                        (G.C.Garg)

                                                                        President.

 

 

(Kapil Dev Sharma)         

                                        Member