DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.285 of 15
DATE OF INSTITUTION: - 09-10.2015
DATE OF ORDER: 10-05-2016
Vinay Ba aged about 31 years son of Shri Hoshiyar Singh, resident of village Jhanjhda Baas Post Office Jhanjhda Sheoran, Tehsil Loharu, District Bhiwani.
……………Complainant.
VERSUS
- Supreme Mobiles Ltd. Loharu Road, Bhiwani.
- Mahindra & Mahindra Ltd. Gateway Building, Apollo Bunder Mumbai-400039 (Regd. Office of Mahindra & Mahindra Ltd.).
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President.
Smt. Ansuya Bishnoi, Member.
Present:- Complainant in person.
Shri Mukesh Chhabra, on behalf of OP no. 1.
Shri R.K. Verma, Advocate for OP no. 2.
ORDER:-
Rajesh Jindal, President:
In brief, the grievance of the complainant is that on 14.03.2013 he had purchased Maxximo Van from OP no. 1 amounting to Rs. 3,60,000/- and the vehicle of the model was of December 2012. It is alleged that this fact was not told by OP no. 1 to him. Now he has come to know that the vehicle was purchased by him from OP no. 1 was of model of December 2012. The complainant further alleged that due to the act and conduct of the Ops he has to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint & prayed for seeking compensation.
2. On appearance, OP no. 1 has filed written statement alleging therein that the complainant had purchased the vehicle from the answering respondent and the answering respondent, at the time of handing over the delivery of vehicle, also handed over all the documents. It is submitted that the complainant himself voluntarily purchased the vehicle with manufacturing defect 2012 and in this regard, he was given benefits like discount of Rs. 2000/- and free insurance by exempting him to pay Rs. 10,000/- on account of premium, the total discount thus becomes Rs. 12000/-. It is submitted that the answering respondent did not misrepresent the complainant about the manufacturing year or other specifications of the vehicle. It is submitted that rather the exact model of vehicle being sold to the complainant was told to him and the complainant had duly signed the document of the vehicle at the time of taking delivery. Hence, in view of the circumstances mentioned above, there is no deficiency in service on the part of OP no. 1 and complaint of the complainant is liable to be dismissed with costs.
3. OP No. 2 on appearance also filed separate written statement alleging therein that answering OP is not responsible for any act, conduct or omission or commission by the dealer , since the relationship is on principal to principal basis and not on principal to agent basis. It is submitted that company place no active or inactive, direct or indirect part in the sales activity or for the sale of the vehicle. It is submitted that the answering OP do not receive any amount from the complainant or purchaser of the vehicle. Hence, in view of the circumstances mentioned above, there is no deficiency in service on the part of answering respondent and complaint of the complainant is liable to be dismissed with costs.
4. In order to make out his case, the complainant has tendered into evidence Annexure C-1 alongwith supporting affidavit.
5. In reply thereto, the opposite party no. 1 has placed on record Annexure R-1 & Annexure R-2 alongwith supporting affidavit.
6. We have gone through the record of the case carefully and have heard the complainant in person, representative of OP no. 1 and counsel for OP no. 2.
7. The complainant in person reiterated the contents of his complaint. He submitted that he purchased the vehicle in question from OP no. 1 on 14.03.2013 and the vehicle of the model was of December 2012. He submitted that this fact was not told by OP no. 1 to him. Now he has come to know that the vehicle was purchased by him from OP no. 1 was of model of December 2012.
8. The representative of OP no. 1 reiterated the contents of the reply. He submitted that at the time of delivery of the vehicle the sale certificate, delivery challan and other documents were issued to the complainant. He submitted that it is clearly mentioned in the sale certificate as well as in delivery challan that the model of the vehicle is December 2012. This fact is clearly mentioned in the documents and the complainant was aware about the model of the vehicle. The counsel for OP no. 2 reiterated the contents of the reply.
9. In the light of the pleadings and arguments of the parties, we have examined the relevant material on record. The delivery note Annexure R-1, vehicle order taking form Annexure R-2, and sale certificate clearly mention that the model of the vehicle is of December 2012. The complainant has produced the registration certificate of the vehicle in question as Annexure C-1. In the registration certificate Annexure C-1 the model of the vehicle has been mentioned as 12/2012. The registration certificate of the vehicle is in the possession of the complainant and the copy of the same has been produced by him on the file. This complaint has been filed by the complainant after about 2 years and 7 months regarding the model of the vehicle. After the purchase of vehicle the complainant got registered the vehicle with the concerned registering authority and then registering authority issued registration certificate Annexure C-1 on the basis of the documents submitted by the complainant. In these circumstances it cannot be said that the complainant was not aware about the model of the vehicle at the time of the purchase of the vehicle. His allegation that he has just come to know about the model of the vehicle, is not tenable. Considering the facts of the case, we do not find any merit in the contention of the complainant. The complaint of the complainant is dismissed being devoid of merits. No order as to costs. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated:.10-05-2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi),
Member
