Tamil Nadu

South Chennai

CC/443/2015

M/s.K.Shanthalakshmi - Complainant(s)

Versus

The Manager., V3 Auto Motives Pvt Ltd - Opp.Party(s)

M/s.G.Paul Einsten

06 Jun 2019

ORDER

                                                                        Date of Filing  : 04.11.2015

                                                                          Date of Order : 06.06.2019

                                                                                  

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.443/2015

DATED THIS THURSDAY THE 06^TH DAY OF JUNE 2019

                                 

Mrs. K. Shanthalakshmi,

W/o. Mr. Venkatesh Mohanraj,

Represented by Power of Attorney

Mr. Venkatesh Mohanraj,

H-5/4, Pari Street,

Kalakshetra Colony,

Besant Nagar,

Chennai – 600 090.                                                        .. Complainant.                                           

 

                                                                                           ..Versus..

 

The Manager,

V3 Automotives Private Limited,

M 38, West Avenue,

Thiruvanmiyur,

Chennai – 600 041.                                                    ..  Opposite party.

 

Counsel for the complainant     : M/s. G. Paul Einstein & others

Counsel for the opposite party  : M/s. M. Kandasamy & 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 pay a sum of Rs.11,84,000/- towards the cost of the vehicle and liquidated damages and cost of Rs.20,000/- to the complainant.

 

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

The complainant submits that on 03.05.2013, the complainant after due consultation with the Sales Executive of the opposite party, came to the conclusion to the purchase Hyundai Eon Model car for a total consideration of Rs.3,61,816/-. The complainant has also availed a loan for a sum of Rs.2,00,000/- from M/s. Kodak Mahindra Prime Limited, Chennai for the said purchase.  The opposite party has delivered the car with insurance certificate issued by Tata AIG General Insurance Company Ltd. but assured to deliver the Registration Certificate within 2 weeks.   The complainant submits that while registering the vehicle, in order to get a special number, the complainant has paid a sum of Rs.11,000/-.  The complainant is that even after the purchase, after a lapse of time, the opposite party has not handed over the Registration Certificate to the complainant.  Even after repeated requests and demands, the opposite party has not given the Registration Certificate in original except xerox copies and computer generated copies, scanned copy of R.C. Book etc.   The complainant submits that the opposite party wantonly and deliberately has not given the original R.C. Book and at long last, informed that the original R.C. book was misplaced somewhere else and is not able to trace it out. 

2.     The complainant submits that the opposite party requested the complainant for getting the duplicate R.C. book, the police report is required.  For that, the complainant has to file a false police complaint with the allegation of original R.C. book misplaced.  For which, the complainant strongly opposed since, the complainant has not received any R.C. book.  The act of giving a false police complaint is also an offence. Thereafter, on repeated requests, the opposite party on 08.11.2014 has issued a letter and requested to handover the vehicle to one Mr. G. Lakshmanan who is the Service Advisor of the opposite party.  Accordingly, on 08.11.2014, the complainant has handed over the vehicle to Mr. G. Lakshmanan who has taken the vehicle to the opposite party.   But till date, the opposite party has not returned the vehicle with original Registration Certificate.  The complainant submtis that after purchasing the vehicle on 31.05.2013, the complainant was not able to use the vehicle without the original R.C. Book.  Muchless, after taking back the vehicle by the opposite party, the complainant was constrained to avail the service of the auto rickshaw and other modes of transportation including hired car etc and thereby, expended a huge amount of more than Rs.6,00,000/- towards liquidated damages.   The act of the opposite party 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 had purchased the vehicle after due registration.  The complainant has taken delivery of the vehicle along with Insurance Certificate.  The original R.C. Book will be returned to the party within a reasonable time of 2 weeks by the RTO.  Even after repeated requests and demands and telephones by the opposite party officials’, the complainant not turned up to collect the R.C. Book.  At long last, the R.C. Book was misplaced.  The opposite party states that even after thorough searching, the R.C. Book was found missing and requested the complainant to take steps for applying Duplicate R.C. Book for which is non-traceable by the police authorities is reported.  In order to obtain Non–traceable Certificate from the police authorities, false complaint has to be lodged, for which the complainant has not been co-operated.  It is submitted that the husband of the complainant came to the showroom of the opposite party and put extreme pressure on the CEO of the opposite party to take the vehicle and issued a letter on the lines dictated by him.  It is submitted that having no other option and did not want to hurt the feelings of the customer, the CEO issued a letter on 08.11.2014.  The opposite party states that on heavy pressure exercised by the complainant and her husband, the opposite party has issued letter dated:08.11.2014 and has taken back the vehicle.  The opposite party states that at the time of taking the vehicle on 08.11.2014, the complainant used the vehicle to the tune of 3513 kms. proves that the complainant has utilised the vehicle.   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.A9 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:-

Whether the complainant is entitled to a sum of Rs.11,84,000/-towards the cost of the vehicle and liquidated damages with a cost of Rs.20,000/- as prayed for?

6.  

 

Both parties filed their respective written arguments. Heard the complainant’s Counsel also. Perused the records namely; the complaint, written version, proof affidavits and documents.The complainant pleaded and contended that on 03.05.2013, the complainant after due consultation with the Sales Executive of the opposite party, came to the conclusion to the purchase Hyundai Eon Model car for a total consideration of Rs.3,61,816/- as per Ex.A1. The complainant has also availed a loan for a sum of Rs.2,00,000/- from M/s. Kodak Mahindra Prime Limited, Chennai for purchasing the above said vehicle as per Ex.A3.The opposite party has delivered the car with insurance certificate as per Ex.A4 issued by Tata AIG General Insurance Company Ltd. but assured to deliver the Registration Certificate within 2 weeks. Further the contention of the complainant is that while registering the vehicle, in order to get a special number, the complainant has paid a sum of Rs.11,000/-. But the complainant has not produced any document to prove the same. The Registration No.1681 also not seems to be a special number. Further the contention of the complainant is that even after the purchase, after a lapse of time, the opposite party has not handed over the Registration Certificate to the complainant.Even after repeated requests and demands, the opposite party has not given the Registration Certificate in original except xerox copies and computer generated copies, scanned copy of R.C. Book etc as per Ex.A5.Further the contention of the complainant is that the opposite party wantonly and deliberately has not given the original R.C. Book and at long last, informed that the original R.C. book was misplaced somewhere else and is not able to trace it out.

7.  

“It is submitted that the husband of the complainant came to the showroom of the opposite party and put extreme pressure on the CEO of the opposite party to take the vehicle and issued a letter on the lines dictated by him.It is submitted that having no other option and did not want to hurt the feelings of the customer, the CEO issued a letter on 08.11.2014”. But on a careful perusal of the complaint para. No.14, it is apparently clear that: “The complainant states that the complainant had patiently waited with the fond hope that the Registration Certificate would be duly delivered to her.However subsequently, the complainant came to understand that the complainant has been for a ride by the opposite party’s Executives on one false promises after the other which they never intended to keep up by the opposite party.Thereon, Mr. Viswanathan, CEO of the opposite party contacted the complainant’s husband and informed him that they have spoken to the Registration Authorities and the highest officer has been contacted in the above regard who has agreed to arrange for a fresh R.C. Book.On hearing so, the complainant’s husband Mr. Venkatesh Mohanraj had clearly brought it to the notice of Mr. Viswanathan, CEO of the opposite party that it is highly improbable to get a new R.C. Book when in fact already an R.C. Book has been issued by the Registering Authorities” which was not denied specifically proves that the opposite party taken back the vehicle and has not handed over the vehicle to the complainant without any reason proves the deficiency in service and unfair trade practice.

8.  
9.  
10.  
11.  

In the result, this complaint is allowed in part.   The opposite party is directed to replace the vehicle with a new one along with original R. C. Book within one month, failing which, the opposite party shall pay the price of vehicle of Rs.3,14,316/- (Rupees Three lakhs fourteen thousand three hundred and sixteen only) with interest paid to the Financier of Rs.28,052/- (Rupees Twenty eight thousand and fifty two only), the liquidated damages of Rs.1,00,000/- (Rupees One lakh only) with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

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 06^th day of June 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

		Copy of invoice given by the opposite party
	March 2013 to July 2013	Copy of bank statements of the complainant acknowledging payments to the opposite party
		Copy of loan documents between the complainant and Kotak Mahindra Bank
		Copy of Insurance Certificate
		Copy of email sent by the opposite party enclosing the scanned copy of R. C. Book
		Copy of letter given by the opposite party
		Copy of legal notice by the complainant
		Copy of legal notice by the opposite party in reply to the notice dated:03.03.2015
		Copy of Special Power of Attorney

 

OPPOSITE PARTY SIDE DOCUMENTS:- NIL

 

 

MEMBER                                                                                PRESIDENT