Chandigarh

DF-I

CC/6/2019

Aditya Mohan Sharma - Complainant(s)

Versus

Sukhna Automobile - Opp.Party(s)

Gaurav Bhardwaj

02 Sep 2019

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

========

 

                                     

Consumer Complaint No.	:	CC/06/2019
Date of Institution	:	01/01/2019
Date of Decision	:	02/09/2019

 

Aditya Mohan Sharma son of Shri Brij Mohan Sharma, Resident of House No. 703, Sector 36-B, Chandigarh.

…..Complainant

 

V E R S U S

 

Sukhna Automobile SSECT, IOCL Pump, Opposite Tech Mahindra, Rajiv Gandhi I.T Park, Chandigarh, through its authorized signatory/ proprietor.

…… Opposite Party

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR. S.K. SARDANA	MEMBER

                               

ARGUED BY	:	Sh. Gaurav Bhardwaj, Counsel for Complainant.
	:	Sh. Amanpreet Singh, Prop. of OP in person with Sh. Kabir Sarin, Counsel for Opposite Party.

 

PER SURJEET KAUR, MEMBER

1.         The facts, in brief, are, on 28.07.2018, the Complainant got filled petrol in him car from the petrol pump of Opposite Party after paying an amount of Rs.2720/- vide receipt Annexure C-1. After filling of the petrol, when the car started jerking & could not start, a mechanic was called who informed that the petrol was adulterated as there was 80% water mixed in the fuel and towed the car to Sector 38 Motor Market. When despite putting best efforts the said mechanic could not repair the vehicle, he asked the Complainant to take his vehicle to some Maruti authorized dealer. Rs.2200/- was paid to the said mechanic vided receipt Annexure C-2. The matter was also reported to the Police vide Annexure C-3 and subsequently, a DDR Annexure C-4 was also registered. The Complainant again hired a tow van vide receipt Annexure C-5 and took his vehicle to the Maruti authorized service center and the vehicle was repaired and Rs.2004/- was charged by the Service Centre (Annexure C-6). The fuel injectors were replaced and the tank was also cleaned and it was categorically mentioned that the damage was caused to filling of petrol mixed with water (Annexure C-7). Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant complaint.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case.
3.         Opposite Party contested the complaint and filed its written reply, inter alia, admitting the basic facts of the case. It has been pleaded that the Government of India along with Oil Marketing Companies have mandated some changes on the fuel grade and now, petrol contains 10% Ethanol as an environment friendly initiate. Ethanol is colorless alcohol which is made from fermentation from sugar and starch. It is basically a natural fuel and is mixed with petrol to give blended fuel. One of the most common issues which has been faced since the above mandate is that water should not come in contact with the fuel by any chance as the said water content in any form i.e. moisture, humidity, droplets etc. will break the ethanol as a separate layer from the petrol and will settle down at the bottom of the fuel tank of the vehicle. The end result would be jerk on drive, very difficult to start the vehicle for which repairs would be needed to do fuel tank cleaning along with the change in fuel filter. It has been pleaded that as per record available with the Opposite Party as part of routine procedure no other vehicle which has gotten fuel fitted at the Petrol Pump of Opposite Party has raised any such or similar issue and it is only the vehicle of the Complainant which has faced the issue as alleged. That being the case it is highly improbable that the Opposite Party was indulging in any such alleged adulteration of fuel which remain undetected until the vehicle of the Complainant came along. Thus, pleading that there is no deficiency in service or unfair trade practice on its part, Opposite Party has prayed for dismissal of the complaint.
4.          The parties led evidence in support of their contentions.
5.         We have gone through the entire record and have also heard the arguments addressed by the Learned Counsel for the Parties.
6.         A careful scrutiny of the material available on record shows that an amount of Rs.2720/- was spent by the Complainant on 28.07.2018 to get the vehicle repaired which got damaged due to filling of petrol mixed with water and a DDR dated 29.07.2018 (Annexure C-4) was duly recorded at P.S. I.T Park, Chandigarh complaining about mixing of petrol with good proportion of water for which the Complainant spent his hard earned money for carrying out necessary repairs with no fault on his part. Pertinently, over Annexure C-4 there is a mention by the Police Authorities that this is a fit case for Consumer Court and the same need to be filed there.
7.         The Opposite Party in para no.4 of its written reply has stated that water should not come in contact with the fuel by any chance as the said water content in any form i.e. moisture, humidity, droplets etc. will break the ethanol as a separate layer from the Petrol and will settle down at the bottom of the fuel tank of the vehicle. The end result would be jerk on drive, very difficult to start the vehicle for which repairs would be needed to do fuel tank cleaning along with the change in fuel filter. It also has been affirmed by the Opposite Party itself that the north of India received heavy monsoons during the month of July and hence the chances of moisture, rain droplets etc. entering the fuel tank of the Complainant’s care is not unusual. The contention of the Opposite Party is similar to the allegation of the Complainant. It is not the case of the Opposite Party that when the Complainant visited its Outlet, the car was having problem. The Complainant simply drove the car to the Petrol Pump and got the petrol filled, only after that the problems of jerk as well of miss of the starting was faced by him and for that he had to get the car repaired after spending Rs.2004/- as per Annexure C-6. As per Annexure C-7, the fuel injectors were replaced and the tank was also cleared and it was categorically mentioned that the damage was caused due to filling of petrol mixed with water.
8.         In the wake of aforesaid discussions, the act of Opposite Party for not taking proper care of its petrol station during rainy season proves deficiency in service which certainly caused damage to the car of the Complainant and in turn resulted in the present unnecessary litigation, besides causing unprecedented harassment to the Complainant.    
9.         For the reasons recorded above, we are of the opinion that the present Complaint must succeed. The same is accordingly partly allowed. Opposite Party is directed as under:-

[a]     To refund Rs.2,720/- i.e. cost of the petrol to the Complainant;

[b]     To pay Rs.10,000/- as compensation on account of deficiency in service and causing mental and physical harassment to the Complainant; 

[c]     To pay Rs.7,000/- as cost of litigation;

 

10.         The above said order shall be complied within 30 days of its receipt by the Opposite Party; thereafter, it shall be liable for an interest @12% per annum on the amounts mentioned in sub-paras [a] & [b] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [c]. 
11.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

	Sd/-	Sd/-	Sd/-
02/09/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”