Tamil Nadu

North Chennai

CC/19/2020

Mr.G.Ravi,S/o.Gali Ramakrishnaiyah - Complainant(s)

Versus

The Manager,The Mahindra and Mahindra Ltd, - Opp.Party(s)

M/s.Shankar

28 Nov 2023

ORDER

                                                                     Complaint presented on : 22.04.2019

                                                                Date of disposal            : 06.11.2023

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. G. VINOBHA, M.A., B.L.           : PRESIDENT

                                         TMT. KAVITHA KANNAN, M.E.,         : MEMBER-I

                                         THIRU V. RAMAMURTHY, B.A., B.L., PGDLA : MEMBER-II

 

C.C. No.19/2020

 

DATED THIS TUESDAY THE 7^TH   DAY OF NOVEMBER 2023

                                

Mr.G.Ravi,

S/o Gali Ramakrishnaiyah

No.6/13, Gokulam Flats,

Rajiv Nagar, Tirumalai square,

Korattur, Chennai-600 076

                                                                                               …..Complainant

 ..Vs..

1.The Manager,

M/s.Balaji Autos,

No-63, G.N.T.Road,

Puzhal,Chennai-600 066.

 

2.The Partner,

M/s.Balaji Autos,

No-305, Ground Floor,

Poonamalle High road,

Maduravoyal, Chennai-600 095.

 

1.  

M/s.Mahindra and Mahindra Ltd,

Automobile Division,

No-17/18, Mahindra Towers,

1.  

Mount Road, Chennai-600 002.

.....

Counsel for Complainant                 :T.Shankar

Counsel for  Opposite party 1& 2      :M/s. R.Sivanathan

Counsel for Opposite party 3             :M/s.Surana & Surana and G.Kalyan Jhabakth

 

ORDER

THIRU. G. VINOBHA, M.A., B.L., PRESIDENT

          This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 prays to pay a Cost of the (Mahindra XYLO Metallic Silver colour with Registration.No. TN 18L 7026 with Engine no.KJC4B39676, Chasis no.MA1YA2KJNC2B24674, manufactured on march 2012 which the complainant is a second owner purchased on 19.03.2014) vehicle Rs.4,50,000/-  and to pay a sum of Rs.7,00,000/- towards punitive compensation for mental agony, inconvenience and hardship caused and to pay a sum of Rs.5,10,000/- as loss of income from 28.06.2018 to November 2019 and future income loss and cost of this complaint.

1.THE COMPLAINT IN BRIEF:

          The  Complainant submitted that he was handed over his XYLO car Reg.no.TN18 L 7026 for service on 20.06.2018 at 1^st opposite  party with the complaint for Engine Block. Their service officials inspected the above said car and issued a JOB SHEET dated 26.06.2018. It was mentioned that the date of Delivery after service was 26.07.2018 and the Engine over oiling cost was quoted as Rs.1,50,000/- plus the Labour charges as Rs.50,000/- The  1^st opposite party told that the engine can’t be serviced and advised to change a new engine. Meanwhile he requested to undergo painting and tinkering services which was accepted but not done till the due date mentioned in the Job sheet. The delay will be held on more than 3 months while replacing new engine. He visited to inspect his car painting works were not done and many of the car spare parts were missing. He immediately made a complaint to the 1^st opposite party and replied that the car will be taking care of them till delivery. The complainant paid advance amount for new engine Rs.75000/- on 22.01.2019, earlier he paid Rs.50,000/- on 18.01.2019. But the Vehicles was not ready even after 100 days of payment. At the 1^st week of April 2019 the complainant was informed that the new engine was not ready with 3^rd opposite party so returned the advance paid on 09.04.2019 for new engine. The complainant was informed that the vehicle was ready to delivery on 29.07.2019. While inspecting on the next day he found that lot of incomplete works and made him upset. The complainant made a complaint to managers 1^st and 3^rd opposite parties and they take inspections were done on 01.08.2019 and repair the works and deliver them in satisfactory manner. The next day he was received a E-mail from 1^st opposite party the Invoice amount for his car body shop work was Rs.1,59,497/- and for service Rs.1,14,314/- with the Total of Rs.2,73,811/- After the advance paid the complainant was informed to pay Rs.2,23,811/- It was also mentioned to take delivery within 7 days failure which chargeable at Rs.450/- per day. The opposite party sent another E-mail on 14.08.2019 that the Mahindra spare parts rate were revised on 01.08.2019 but the car was ready on 29.07.2019 and some defective service work were found on his inspection. the complainant refused to take delivery without proper response. Due to the illegal attitude of the opposite parties the complainant sent a legal notice to all the opposite parties dated 04.09.2019 and the same has been received by the opposite parties but still not replied. The 1^st opposite party is the Branch Company of the 2^nd opposite party and the sales and service Dealer of 3^rd opposite party who where the manufactures and marketers of the said XYLO car.

2.WRITTEN VERSION FILED BY THE  OPPOSITE PARTY 1 & 2 IN BRIEF:

The Opposite  party states that the motor vehicle a XYLO Car bearing Reg.No.TN 18 L 7026 was brought to the service station of the first opposite party on 26.06.2018. The vehicle had by them done 1,33,069KM and it required a complete our hauling of the engine. An estimate of the charges was arrived at. Towards our hauling Rs.1,50,000 and Rs.50,000 towards Labour charges was quoted. The Vehicle was agreed to be delivered by 26.07.2018. The Car was a 2012 year model vehicle and the Complainant is a third owner. The Complainant’s Car required engine replacement which is dependent on engine availability and transportation of engine from the production centre of the 3^rd opposite party. Although the Car was handed over for servicing on 26.06.2018 the payments were made by the Complainant only on 18.01.2019 and 22.01.2019 and immediately thereafter this opposite party placed request with the 3^rd opposite party to deliver a new engine. In the 1^st week of April 2019 the 3^rd opposite party expressed non-availability of the said engine for the reason that the old model engine required for the complainants Car had been outdated. The same was informed to the complainant and due to non-availability of the new engine this opposite party refunded back to the Complainant the advance sum of Rs.75000/- received towards the new engine. The complainant offered to procure the engine from the second’s market and requested the opposite party to fix the engine.Thereafter the complainant procured an engine (half engine) from the market and the same was fixed in his car as requested by the complainant a whole body tinkering and painting was also done. He also inspected the vehicle and sought details about the cost, to which the opposite party sent necessary emails. Even than the complainant did not take delivery of his car. The opposite party also issued an advocate’s notice dated 28.08.2019 explaining the case details and called upon the complainant to act accordingly. He may have to pay a parking charge of Rs.450/- per day for any delay in taking delivery of the vehicle. The complainant had agreed to the charges, but without any reasons he is refusing to make the payment. Having refused to make the payment the complainant cannot accusing the opposite parties of deficiency in service, he has to pay Rs.2,23,811/- towards the unpaid dues.

3.WRITTEN VERSION FILED BY THE  OPPOSITE PARTY  3  IN BRIEF:

          The opposite Company is a well known and a reputed Indian Multinational Manufacturer of Light Motor Vehicle, Commercial Vehicle, the vehicle undergoes quality checks and also test driven before passing through factory works for being dispatched to its several authorized dealers appointed on a “Principal to Principal” basis. The 1^st Opposite parties and the Complainant after several discussions, had agreed that the engine itself could be replaced. It has also been agreed that at the time of replacing the engine tinkering and painting work could be done. As soon as the order was made by the 1^st Opposite Party with the 3^rd Opposite party for the engine (Eagle engine) the 1^st Opposite party was informed that the engine was not in production and this order could not be processed. This was informed to the complainant in mid-march, 2019. At this point the complainant stated that he would make his own arrangements for purchasing the engine from the open market and thereafter the 1^st Opposite Party could assemble the same. The required parts for the engine were brought only in the end of June 2019 and the entire engine work, tinkering and painting was completed by 26^th July 2019 and the complainant had been informed of the same. There was no manufacturing defect whatsoever of the vehicle and/or the engine repair work done by the 1^st opposite party and it is the 1^st opposite party who would have to give the relevant details and particulars. No loss or damage was caused by this Opposite party to the complainant. It is submitted that the complainant has filed the present complaint merely on the experimental basis in order to enrich himself wrongly at the expense of the 3^rd Opposite party.

 

3.  POINTS FOR CONSIDERATION:

1. Whether the complainant is entitled for Rs.10,00,000/- for the deficiency in service of the Opposite party?

2. Whether the Complainant is entitled for the direction to remove   the name of Complainant from the CIBIL record along with adverse references pertaining to complainant in respect of amount of  Rs. 8802.48?

3. To what reliefs?

    The Complainant filed proof affidavit Ex.A1 to A7 were marked on the side of complainant. Opposite party has filed written version, proof affidavit and Ex.B1 TO Ex.B17.

4. POINT NO :1

 

 

 

 

 

 

 

 

         

          In the result the complaint is partly allowed, The opposite party is directed to pay a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) to the complainant towards mental agony and loss sustained by the complainant. Further the opposite party is directed to remove the name of the complainant from the CIBIL records with adverse reference pertaining to the amount of Rs.8802.48/- within two months and also pay a sum of Rs. 5000/-(Rupees Five Thousand only) towards the cost of the complaint. The above amount shall be paid to the complainant within two months from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest from the date of this order 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 Commission on this the 20^th day of  November 2023

 

MEMBER – I               MEMBER-II                          PRESIDENT

LIST OF DOCUMENTS MARKED ON THE SIDE OF THE COMPLAINANT:

Ex.A1	19.03.2014	R.C.Book of XYLO Car Reg.No TN 18L 7026 in the name of complainant
Ex.A2	26.06.2018	Job sheet issued by 1st opposite party
Ex.A3	18.01.2019	Cash receipt issued by 1st opposite party
Ex.A4	22.01.2019	Cash receipt issued by 1st opposite party
Ex.A5	02.08.2019	Invoice letter from 1st opposite party
Ex.A6	03.09.2019	Legal notice by complainant
Ex.A7	06.09.2019	Acknowledgement for notice

 

LIST OF DOCUMENTS MARKED ON THE SIDE OF THE OPPOSITE PARTIES 1&2:

Ex.B1	26.06.2018	Repair Order (Xerox)
Ex. B2	28.06.2018	Manual Repair Order Form (Xerox)
Ex.B3	04.07.2018	Repair Order (Xerox)
Ex.B4	12.11.2018	Reminder Letter No.2 (Xerox)
Ex.B5	28.11.2018	Reminder Letter No.3 (Xerox)
Ex.B6	17.06.2019	Parts Requisition Letter (Xerox)
Ex.B7	18.06.2019	Parts Requisition Letter (3 Nos Xerox)
Ex.B8	18.07.2019	Parts Requisition Letter (Xerox)
Ex.B9	22.07.2019	Parts Requisition Letter (Xerox)
Ex.B10	23.07.2019	Parts Requisition Letter (Xerox)
Ex.B11	27.07.2019	Letter sent by Balaji Autos with postal receipt (Original)
Ex.B12	02.08.2019	Letter sent by Balaji Autos with postal receipt (Original)
Ex.B13	28.08.2019	Advocate Notice Xerox with original AD card
Ex.B14	03.09.2019	Advocate Notice sent by Complainant (Original)
Ex.B15	05.09.2019	Reminder Letter Number2 with postal receipt (Original)
Ex.B16	09.10.2019	Reminder Letter Number3 with postal receipt (Original)
Ex.B17	08.01.2020	Reminder Letter Number4 with postal receipt (Original)

 

 

MEMBER – I               MEMBER-II                          PRESIDENT

 

 

 

 

 

 

 

CC.NO.110/2019, Dated:26.04.2022   Order Pronounced,                    In the result the complaint is partly allowed, The opposite party is directed to pay a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) to the complainant towards mental agony and loss sustained by the complainant. Further the opposite party is directed to remove the name of the complainant from the CIBIL records with adverse reference pertaining to the amount of Rs.8802.48/- within two months and also pay a sum of Rs. 5000/-(Rupees Five Thousand only) towards the cost of the complaint. The above amount shall be paid to the complainant within two months from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest from the date of this order to till the date of payment.   Member-I    Member-II        President