Orissa

Rayagada

CC/102/2014

Dr. B.L.N. Prusty - Complainant(s)

Versus

The Manager, Utkal Hyundai, - Opp.Party(s)

Sri K.Ananda Rao Kumadan & Associate

26 Sep 2014

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

AT:  KASTURI  NAGAR, Ist.  LANE,   L.I.C.OFFICE BACK PO/DIST: RAYAGADA ,

                                                                 STATE:ODISHA,  PIN  NO.765001,  PHONE/FAX                  

 NO.06856-223025.

                                     ....                                  

                                              C.C. Case  No..102/ 2014.

                                          Dated.  17^th October., 2014.                             

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                            President.

Smt. Ch.  Nirmala Kumari Raju, LLB,                   Member

Dr.B.L.N.Prusty, S/o Sri Raghunath Prusty, Government Doctor, Sr. Medical Officer, Govt. Hospital, Pump House 2^nd lane, Kasturinagar, Rayagada, Po/Ps/Dist.Rayagada.

                                                                                                                      …….Complainant

                                                            Vrs.

 

Utkal Hyundai, Utkal Automobiles Ltd., Sales, Service & Spares, Tata Benz Square, Berhampur, Dist. Ganjam ,Odisha.                                                                                                                                                                                                                     …..Opp.Parties

Counsel for the parties:

For the complainant: Sri K.Ananda Rao Kumadan & Associate, Advocates,Rayagada

For the O.Ps:   Self

                                                            JUDGMENT

The facts of the complaint  in brief is that  the complainant has purchased a Car Grand I 10,Sportz 1.2 BSIV  model from the Opp.Party – dealer at Berhampur on 15.2.2014  and brought it to Rayagada by road and while the Car was on the road the rear left wheel of the tyre deflected and spoiled  and it was replaced with the steepeny (spare wheel) and brought to Rayagada and immediately  intimated the fact to the Opp.Party and as per his instructions the defective tyre was sent to him and  the Opp.Party  informed over telephone  that  the matter has been intimated to the manufacturer(Good Year) for replacement  and gave toll free number  of the Tyre Company to pursue the matter but till date the defective tyre has not been replaced for which the complainant is unable to use the car for want of a steepeny tyre and due to non use of the  car the battery as well as the engine are getting spoiled. The complainant has invested such a huge amount for its purchase  for the use of his profession but  due to negligence of the Opp.Party  he is unable to use it  which amount to deficiency of service as well as unfair trade practices   for which he is liable to replace the tyre and compensate the complainant  along with litigation expenses  and  hence prayed to direct the Opp.Party to replace the tyre with a new one in good condition and award compensation Rs.30,000/- for loss of profession and Rs.10,000/- for mental agony  and Rs.5,000/- for litigation expenses and award interest @ 6%  per annum till date of actual payment and replacement.  Hence, this complaint.

Being noticed, the Opp.Party appeared and filed its written version inter alia denying the petition allegations particularly on the point of territorial jurisdiction  and he has not raised a single word regarding the  allegations of the complainant. It is submitted by the Opp.Party that  as per Sec.11 of the C.P.Act,1986 the Opp.Party  is not warranted by law to appear in this bogus /false  case and prayed  to drop the proceedings and dismiss the same.

FINDINGS

                        We perused the   complaint petition and documents  filed by the parties  and also heard the argument from the learned counsel for the complainant. Basing on the pleadings of the parties only one point is to be decided whether this forum has territorial jurisdiction to entertain this dispute ?

                        It is admitted fact that the complainant has purchased a car from Opp.Parties  situated at Berhampur on 15.02.2014 and while the complainant was brought it to his native place Rayagada, the rear left wheel tyre of the car deflated and spoiled  and    he managed to reach Rayagada by replacing with its steepeny and immediately intimated the fact to the Opp.Party dealer and the Opp.Party informed the complainant that they have intimated the fact to the manufacturer of the tyre company i.e. Good Year for replacement and gave the toll free number of the tyre company to the complainant to pursue  the matter. But in spite of reacted approaches by the complainant the defective tyre was not replaced and subsequently the Opp.Party neither replaced the tyre nor cooperated the complainant in providing the postal address of the tyre company and remained silent over the matter of which this complaint is filed. In its counter the Opp.Party has a fare preliminary objections as to the maintainability of the complaint before this District Forum but he has not raised any objection regarding the defective tyre in question thus the allegation of the complainant remained uncontroverted. Merely because there was  stipulation on the documents that the vehicle was purchased at Berhampur  and the service availed there but incident took place near  Rayagada and the vehicle is to be delivered at Rayagada does not mean that Rayagada Forum has no jurisdiction. the Opp.Party failed to took into the provisi0ons of Sec.11(2)( c ) of the C.P.Act,1986 where it clearly mentioned that “ The cause of action, wholly or in part, arises”.  In the instant case, the defect in the tyre was notice on the way which falls within the district of Rayagada as such the cause of action partly arose within the territorial jurisdiction of this forum.  The Opp.Party has also not denied the payment of advance amount for supply of the car was made at Rayagada and hence this forum has jurisdiction to entertain this dispute and Opp.Party can not deny the same.

                        Regarding the defective tyre in question the Opp.Party has no where denied and raised any objection. Hence, in the given facts and circumstances of the case, we deem  that the Opp.Party  has admitted allegations of the complainant  to which he is liable to replace the same with a new one with fresh warranty and liable to pay compensation  for the mental agony undergone by the complainant.  Hence, we passed the order  with the following direction to the Opp.Party and disposed of the matter  accordingly.

                                                                           ORDER

                        The   Opp.Party – Utkal Hyundai, Utkal Automobiles Ltd. Berhampur is directed to replace the defective tyre of the car with fresh warranty and take back the defective one and pay compensation of Rs.10,000/- which include the cost of litigation to the complainant within thirty days of receipt of this order failing which the O.Ps are liable to pay    interest  @  12%  p.a. on the above awarded amount till  the date of payment.

                        Regarding the contemptuous language in the objection petition the complainant has the liberty to file complaint petition before the SDJM,/Rayagada.

                        Pronounced in open forum today on this 17^hday of October.,2014 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

Member                                                                                              President

Documents relied upon:

By the complainant:

1. Xerox copy  of advocate notice to the O.P.
2. E-mail copy of advocate notice
3. Quotation cum Proforma invoice
4. Money receipt No.807
5. Money receipt No.808
6. Retail invoice dt.15.02.2014
7. Debit Note No.DNH201300228 dt.15.02.2014
8. Delivery Receipt & Gate pass dt.15.02.2014
9. Warranty of Hyundai new vehicle.

By the Opp.Party: Nil

 

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