Tamil Nadu

South Chennai

CC/59/2016

K.Muthurayan - Complainant(s)

Versus

The Manager, Customer Care, Maruti Service Masters - Opp.Party(s)

Party in Persion

20 Nov 2019

ORDER

                                                                             Date of filing      : 29.02.2016

                                                                               Date of disposal : 20.11.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.59/2016

DATED THIS FRIDAY THE 20^TH DAY OF NOVEMBER 2019

                                 

Mr. K. Mutharaiyan,

S/o. Late M. Krishnan,

No.D19/19, Adyar Avenue,

I.I.T. Madras,

Chennai – 600 036.                                                   .. Complainant.  

                                                                                            ..Versus..

 

The Manager,

Customer Care,

M/s. Maruti Service Masters,

No.9, South Phase,

Thiru. Vi. Ka. Industrial Estate,

(Behind Olympia Tec Park),

Ekkaduthangal,

Chennai – 600 032.                                                    ..  Opposite party.

 

For the complainant                  : Party in person

Counsel for the opposite party : M/s. P. Ramamurthy & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.900/- & 850/- which was collected by the opposite party under different heads of outside labour and special care, to pay a sum of Rs.250/- for cleaning outside and inside the car, Rs.650/- for water wash since the opposite party failed to carry out water wash after the receipt of coupon and to pay a sum of Rs.20,000/- towards compensation for untold mental agony, stress, mental pain, negligence and deficiency in service with cost of Rs.5,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he purchased a Maruthi Car bearing Registration No.TN07 AF 0256 from ABT Maruti Showroom, Gunidy, Chennai – 600 032 on 13.07.2015.  The complainant used to have the service and repair including water wash with the opposite party regularly.  During the 4^th week of December 2015, the complainant approached the opposite party for service the car bearing Registration No.TN07 AF 0256.   The opposite party fixed the date for service on 21.01.2016 with ‘Valid Coupon’ for water wash, wheel balancing and wheel alignment.  The opposite party acknowledged the valid coupon in the Job Card.   The complainant submits that he has to go Kalahasthi Temple on 22.01.2016 and to Peramblur for Gragapravesh on 24.01.2016. and requested the opposite party to handover the vehicle after due service on the same day itself.  But the opposite party said that it was impossible and after due service the vehicle will be returned within 2 days i.e. on 23.01.2016.   Accordingly, the vehicle was ready and was returned to the complainant on 25.01.2016. The complainant submits that the approximate estimate of the opposite party is of Rs.8,800/- under different heads including special care at Rs.850/-. 

2.     The complainant submits that on 23.01.2016, at about 09.30 a.m., the complainant went to the service station and met the opposite party.   At that time, the opposite party stated that the car was not ready and was pending for water wash and cleaning and it will take minimum 5 hours.  The complainant submits that on 25.01.2016 in the morning, the opposite party assured to deliver the car at the residence of the complainant with the claim of service charge of Rs.7,884/-.  The complainant was surprised and shocked and asked the opposite party to return the old spare parts with car whatever they replaced.  The opposite party said that the old spare parts were in the car itself.  The complainant submits that the opposite party in special care claimed a sum of Rs.850/- and claiming a sum of Rs.1,000/- towards cleaning.  But the car has been delivered without cleaning and special care relating to that the complainant has to take care for cleaning outside and expended a sum of Rs.650/- for water wash and Rs.250/- for cleaning dated:26.02.2012 and another sum of Rs.900/- towards outside labour.  The act of the opposite parties amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

3.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.   The opposite party states that the complainant is a regular customer of the opposite party.  In order to satisfy the customers, the opposite party carried out the service to their level best even though the customers like the complainant were satisfy to the extent of 70% to 80% alone.  The complainant handed over to the vehicle on 21.01.2016.  Immediately after the Chennai floods during December 2015, the vehicle was damaged heavily in the flood which requires replacement of certain minor spare parts which has been done as routine in the complainant’s car also.  The opposite party states that free coupon for water wash, wheel alignment which expired on 31.12.2009.  The opposite party states that the extensive service carried out by the  opposite party during the heavy loaded flood was duly serviced and rectified and delivered to the complainant was not charged except to the water wash and special care. The opposite party states that a sum of Rs.650/- has been expended towards water wash is of his own accord of the complainant.  However, the complainant insisted the opposite party to provide free water wash coupons and  without prejudice, the opposite party had also given the said coupons everthough not required as a goodwill gesture and customer’s satisfaction which is not denied by the complainant.  Therefore, there is no deficiency in service on the part of the opposite party and hence, the complaint is liable to be dismissed.

4.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A11 are marked.  Proof affidavit of the opposite party is filed and no document is marked on the side of the opposite party.

5.      The points for consideration is:-

1. Whether the complainant is entitled for the refund of Rs.900/- & Rs.850/- collected by the opposite party under different heads of outside labour and special care as prayed for?
2. Whether the complainant is entitled a sum of Rs.250/- paid to his servant for cleaning inside the car and Rs.650/- for water wash after receipt of the coupon from the opposite party as prayed for?
3. Whether the complainant is entitled for a sum of Rs.20,000/- towards compensation for mental agony, stress, mental pain negligence and deficiency in service with cost as prayed for?

6.      On point:-

Both parties filed their respective written arguments.  Heard their Counsels also.  Perused the records namely; the complaint, written version, proof affidavits and documents.   The learned Counsel for the complainant would contend that he purchased a Maruthi Car bearing Registration No.TN07 AF 0256 from ABT Maruti Showroom, Gunidy, Chennai – 600 032 on 13.07.2015.   Ex.A1 is the copy of RC Book.  The complainant used to have the service and repair including water wash with the opposite party regularly. During the 4^th week of December 2015, the complainant approached the opposite party for service of the car bearing Registration No.TN07 AF 0256.  The opposite party fixed the date for service on 21.01.2016 with ‘Valid Coupon’ for water wash, wheel balancing and wheel alignment.   The opposite party acknowledged the valid coupon in the Job Card as per Ex.A2.   But on a careful perusal of Ex.A2, Job Card, there is nothing about the Valid Coupon.  On a careful perusal of Ex.A7, it is seen that a free coupon expires on 31.12.2009.  Further the contention of the complainant is that he has to go to Kalahasthi Temple on 22.01.2016 and to Peramblur for Gragapravesh on 24.01.2016. and requested the opposite party to handover the vehicle after due service on the same day itself.  But the opposite party stated that it is impossible and after due service the vehicle will be returned within 2 days i.e. on 23.01.2016.   Accordingly, the vehicle was ready and was returned to the complainant on 25.01.2016. 

7.     Further the contention of the complainant is that the approximate estimate of the opposite party is of Rs.8,800/- under different heads including special care at Rs.850/- as per Ex.A2.  But none of the special care taken by the opposite party and the request of the complainant for delivery also has not been complied.  Equally, on questioning the estimate, the opposite party said that it is only an approximate estimation and if any parts which required to be replaced with prior consent from the complainant etc which would not exceed to Rs.5,000/-.  Further the contention of the complainant is that on 23.01.2016, at about 09.30 a.m., the complainant went to the service station and met the opposite party.   At that time, the opposite party stated that the car was not ready and was pending for water wash and cleaning and it will take minimum 5 hours.  But there is no record.  Further the contention of the complainant is that on 25.01.2016 in the morning, the opposite party assured to deliver the car at the residence of the complainant with the claim service charge of Rs.7,884/- as per Ex.A3.  On questioning the charges, the opposite party replied that they have replaced some spare parts.  But there is no list of spare parts replaced and the old spare parts has not been returned.  The opposite party also has not obtained prior permission for changing the spare parts.   But on a careful perusal of Ex.A3, it is seen that

“1. PMS Medium – 50,000 KM Service – 3500/-    - 1700/-

 2. To check brakes                                            – 1200/-

 3. To carry out Throttle body cleaning                 -1000/-

 4. To carry out wheel balancing

 5. To carry out wheel alignment

 6. To carry out special care – coupon attached - Rs.850/-“.

It is seen that the following items were replaced which are seems to be used and threw and a sum of Rs.7,884/- was claimed and paid by the complainant.   The claim of old used spare parts were not in the car since it may be a waste.  Further the contention of the complainant is that the opposite party in special care claimed a sum of Rs.850/- and claiming a sum of Rs.1,000/- towards cleaning.  But the car has been delivered without cleaning and special care relating to that the complainant has to take care for cleaning outside and expended a sum of Rs.650/- for water wash and Rs.250/- for cleaning as per Ex.A9 dated:26.02.2012 and another sum of Rs.900/- towards outside labour as per Ex.A3.  Further the contention of the complainant is that the allegation of the opposite party that during December 2015, the opposite party service station was submerged in flood and effected huge loss etc and after due service the vehicle was taken to the complainant caused such dirt; is not acceptable.

8.     The learned Counsel for the opposite party would contend that the complainant is a regular customer of the opposite party.  In order to satisfy the customers, the opposite party carried out the service to their level best even though the customers like the complainant were satisfy to the extent of 70% to 80% alone.  The complainant handed over to the vehicle on 21.01.2016.  Immediately after the Chennai floods during December 2015, the vehicle was damaged heavily in the flood which requires replacement of certain minor spare parts which has been done as routine in the complainant’s car also.   Further the contention of the opposite party is that free coupon for water wash, wheel alignment which expired on 31.12.2009.  Further the contention of the opposite party is that the extensive service carried out by the  opposite party during the heavy loaded flood was duly serviced and rectified and delivered to the complainant was not charged except to the water wash and special care.   Further the contention of the opposite party is that after if such special care has not taken the vehicle affect in the flood cannot be duly serviced.   Thereby, some spare parts of use of trew has been utilised.  Further the contention of the opposite party is that a sum of Rs.650/- has been expended towards water wash is of his own accord of the complainant. Likewise, outside labour claimed a sum of Rs.900/- towards outside labour also cannot be questioned since during the flood period huge number vehicles were brought to the service station for service and repairs.  Considering the facts and circumstances of the case, this Forum is of considered view that the complainant is not entitled to any compensation and claim related different heads of the complaint has to be dismissed.

In the result, this complaint is dismissed.   No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 20^th day of November 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	13.07.2005	Copy of Maruti Alto Lxi Regd. No. TN 07 A F0256 RC Book
Ex.A2	21.01.2016	Copy of Job Card containing rough estimation of Rs.8,800/-
Ex.A3	22.01.2016	Copy of Job Card Retail Invoice of the opposite party for Rs.7,884/-
Ex.A4	29.01.2016	Copy of letter sent by the complainant
Ex.A5	10.02.2016	Copy of acknowledgement card
Ex.A6	26.01.2016	Copy of receipt for Rs.250/-
Ex.A7	31.12.2009	Copy of Coupon for water wash, wheel alignment & wheel balancing - model
Ex.A8	30.06.2009	Copy of Certificate Cum Policy Schedule issued by Royal Sundaram Alliance Insurance Co. Ltd.
Ex.A9	26.02.2016	Copy of Cash bill issued by Sri Balaji Service Station
Ex.A10	27.11.2014	Copy of Job Card Retail Cash Memo issued by ABT Maruti
Ex.A11	16.02.2016	Copy of Tax Invoice / Sales Invoice issued by Toyota Lanson Motors Pvt. Ltd.

 

OPPOSITE PARTY SIDE DOCUMENTS:-  NIL

 

 

MEMBER                                                                                                                                                                                             PRESIDENT