DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 28th day of September 2016
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 16/07/2016
: Sri.V.P.Ananatha Narayanan, Member
(C.C.No.97/2016)
Shamsudheen.H
S/o.Hassanmohammed.N,
Mathaparambu House,
Panayur Post, Polpully,
Palakkad. - Complainant
(By Adv.B.Kamal Chand)
V/s
1.The Branch Manager
BRD Car World Limited,
Opposite to BP Petrol Pump,
Erattakulam Post,
Alathur, Palakkad – 678 682
2.The Managing Director,
BRD Car World Limited,
T.K.M. Complex,
Kokkalai, Thrissur - Opposite parties
O R D E R
By Smt.Shiny.P.R. President.
Brief facts of complaint.
The complainant is a photographer by profession. 1st opposite party is the dealer of Maruthi Suzuki vehicles and 2nd opposite party is the branch of 1st opposite party. After consultation and discussions with the sales executives of the opposite parties and test driving of the vehicle, the complainant decided to purchase Maruthi Suzuki Ertiga VXi, Petrol engine car with white colour. Thus on 13/2/2016 the complainant paid Rs.10,000/- as advance for the Maruthi Suzuki Ertiga Vxi car. At the time of paying the advance amount for the said vehicle the executives of the opposite parties told the complainant that the vehicle will be of the year 2016 and after getting of the vehicle some accessories have to be fitted to the vehicle. The details and descriptions were mentioned to the complainant. On 19/2/2016 the executives of the opposite parties gave detailed elaboration of the accessories for the new vehicle. Thus the complainant paid Rs.15,040/- for spoiler, reverse parking, camera, bumper protector etc. on the very same day itself. Thus after making full payment complainant purchased new Maruthi Suzuki Ertiga car on 20/2/2016. Road tax for the said vehicle was also paid. Thus the complainant has paid an amount of Rs.8,75,000/-by availing loan from the Syndicate Bank Chittur branch. The very same day itself the above mentioned accessories and other necessary accessories were fitted to the said car. But at the time of taking delivery itself the complainant found that the reverse parking camera is not working properly. The complainant immediately brought the said fact to the notice to the opposite parties. The employees of the opposite parties told the complainant that the defect will be looked into and rectified the next day or the day when the complainant brings the car. After two days complainant went to rectify the defects, then the opposite party told that the technicians are on leave and they are unable to rectify the defect. But even after several occasions the same thing repeated. Lastly the opposite parties told that they are unable to rectify the same. The complainant was fed up with the attitude of the employees of the opposite parties.
In the mean while the complainant received the Registration Certificate of the said car from the Registering Authority. The registration number of the vehicle of the complainant is KL-9-AK-6278. But the complainant was dismayed by seeing the registration certificate, because the year of manufacture of the vehicle is 2015. The complainant has given advance to purchase 2016 model car, but the opposite parties have been given 2015 December model car. Immediately the complainant enquired about this fact. Then the officials of the opposite parties told that it may be a mistake they will look into the matter and will take to rectify the same.
After few days the opposite parties informed the complainant that make of the vehicle is of the year 2015 and they are sorry to inform the same. At the time of making the advance payment itself the complainant told that he needs a brand new and latest model and new make vehicle and the opposite parties acceded to the request of the complainant also. But the opposite parties have not acted like what they have offered and promised. Complainant submitted that the activities of the opposite parties are clear case of unfair trade practice and deficiency of service.
On 5/5/2016 the complainant registered a compliant against the opposite parties before the Sub Inspector of Police, Alathur. On 12/5/2016 the opposite parties informed the complainant that they are unable to repair the reverse parking camera and they have deposited the amount for the same in the account of the complainant. Thus the complainant verified the account and it was found out that an amount of Rs.8,490/- is deposited to the account. But the complainant has paid Rs.9,100/- for the said reverse parking camera. The opposite parties have not given Rs.600/- in that too. Thus the opposite parties came to the complainant and the reverse parking camera was taken back by them. And the hole drilled for setting up the camera was closed by using a bush that is causing some ugliness to the complainant’s car. Now the complainant is in a hard position again to buy a new reverse parking camera, due to the negligence and unfair trade practice and deficiency of service by the opposite parties. The complainant has paid the entire amount for the vehicle and that too for the latest model and hence the complainant is entitled to get the latest vehicle too.
The complainant in all means is entitled to get the latest model vehicle from the opposite parties, hence the opposite parties are bound to pay the entire amount paid by the complainant for the above said vehicle or the opposite parties are bound to give the said vehicle of 2016 February Model and further they are bound to make good the complainant for the substandard accessories and the damage caused to vehicle. And the complainant and his family members have suffered severe mental agony and stress by the activities of the opposite parties and hence they are bound to give an amount of Rs.1,00,000/- by way of compensation.
Complainant prays for an order directing opposite parties to pay an amount of Rs.8,75,000/- which is the amount paid by the complainant for the purchase of the Maruthi Suzuki Ertiga Vxi along with interest or to replace the old model vehicle delivered to the complainant with latest model, directing the opposite parties to pay an amount of Rs.1,00,000/- by way of compensation for the mental agony and stress suffered by the complainant together with interest @18% per annum to the complainant and directing the opposite parties to pay the cost of the petition.
After admitting the complaint issued notice to opposite parties. After receiving the notice both opposite parties did not appear before the forum. Hence set exaparte.
Complainant filed chief affidavit. Ext.A1 to A8 were marked from the side of the complainant.
The following issues are considered
1.Whether there is any deficiency in service on the part of opposite parties?
2.If so, what is the relief?
Issues 1& 2.
We have perused the documents filed before the forum. Ext.A1 order booking form and A2 receipts which were issued by the 1st opposite party shows that complainant had booked 2016 model Ertiga Vxi white car by paying Rs.10,000/- on 13-2-2016. Ext A4 shows that the complainant has purchased Ertiga Vxi white car for Rs.8,75,000/- from the opposite parties. Ext.A3 shows that 2nd opposite party received Rs.9100/- from the complainant for reverse parking camera. Perusal of Ext.A5 registration certificate it is revealed that year and month of the manufacture of the delivered vehicle is 2015. On the perusal of the above documents we came to the conclusion that after accepting the booking of 2016 model car opposite parties sold 2015 model car for an exorbitant amount. This act of opposite parties amounts to unfair trade practice. Similarly opposite parties committed deficiency in service by selling defective reverse parking camera for a newly purchased vehicle. The above acts of the opposite parties will definitely cause severe mental agony to the complainant and his family. Complainant sought an order for replacement of the vehicle or refund of the value of the vehicle. But in this case we are not in a position to direct the opposite parties to pay the entire cost of the vehicle or to replace the vehicle with 2016 model as the vehicle is under the custody of the complainant from the date of purchase. However in the interest of justice we are of the view that opposite parties are liable to pay compensation to the complainant for selling 2015 model car and for mental agony suffered. As the opposite parties remained exparte, the evidence tendered by the complainant stands unchallenged.
In the result complaint is allowed. Opposite parties are jointly and severally liable to pay Rs.1,00,000/-(Rupees One lakh only) as compensation for selling 2015 model car instead of 2016 model car, Rs.10,000/- (Rupees Ten thousand only) as compensation for mental agony suffered and Rs.2,000/- (Rupees Two thousand only) as cost of proceedings to the complainant.
Order shall be complied within a period of one month from the date of receipt of order, failing which complainant is eligible for 9% interest per annum for the whole amount from the date of order, till realization.
Pronounced in the open court on this the 28th day of September 2016.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 – Photocopy of Order Booking / commitment Checklist issued by opposite party
Ext.A2 – Receipt dated 13/2/16 issued in the name of complainant by the opposite
party for Rs.10,000/-
Ext.A3 – Order Form accessories dated 19/2/16 issued by opposite party in the name
of complainant.
Ext.A4 – Photocopy of Ledger Account issued by opposite party in the name of
complainant.
Ext.A5 – Photocopy of Certificate of Registration of the vehicle No.KL-09-AK-6278
Ext.A6 – Attested copy of Tax Licence issued by Motor vehicle department
Ext.A7 - Photocopy of complaint letter dated 5/5/16 sent to SI of Police, Alathur by
the complainant
Ext.A8 - Receipt dated 8/5/16 issued by SI of Police Alathur
Exhibits marked on the side of complainant
Nil
Cost
2,000/- allowed as cost of the proceedings.
