Karnataka

Chitradurga

CC/9/2018

S.R.Bhaskara Reddy S/o Ramappa - Complainant(s)

Versus

The Managing Director,TVS Motor Company Ltd, - Opp.Party(s)

Sri.S.G.Dileepkumar

14 Feb 2019

ORDER

COMPLAINT FILED ON:22/01/2018

DISPOSED      ON:14/02/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:9/2018

 

DATED: 14^th FEBRUARY 2019

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDENT                                     B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT/S	S.R.Bhaskara Reddy, S/o Ramappa, Aged about 62 years, Owner of Mahadevi Motors, R/o Vemananagara, 1st Cross, Near Challkere Toll Gate, Chitradurga.   (Rep by Sri.S.G. Dileepkumar, Advocate)
V/S
…..OPPOSITE PARTY	1. The Managing Director,TVS Motor Company Ltd,Manufatiurer/Service Departement,PB No.4,Harita,Hosur-635109,Tamilnadu.   2. The Proprietor/Authorized Dealer,  TVS Motor Company, Shanthi Agencies, Near RTO Office, Turuvanuru Road, Chitradurga.   (Rep by Sri. B.R. Vishwanath Reddy, Advocate for OP No.1 and Sri.K.E. Mallikarjun, Advocate for OP No.2)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P. Act, 1986 for the relief to direct the OPs to pay Rs.2,00,000/- compensation towards  pain and sufferings, mental shock and agony and towards issuance of false, fake and bogus bill and such other reliefs.

2.      The brief facts of the case of the above complainant are that, the complainant has purchased TVS Jupiter ZX BSIV Scooty, MAG purple bearing Engine No.EG4KH1635039 Frame No.MD626EG4XH1K55024 from OP No.2 by paying an advance amount of Rs.10,000/-, for that the OP No.2 has issued bill on 13.12.2017 and on 15.12.2017, the complainant has paid a sum of Rs.62,554/- and received the cash receipt in the letter head belongs to OP, which includes the advance amount paid earlier.  It is further submitted that, on the same day, OP No.2 has issued final bill showing that the amount of the vehicle for Rs.55,624/- under delivery invoice No.919 dated 15.12.2017.  It is further submitted that, the complainant told the OP that, he is ready to pay the amount as per the invoice bill, but the OP No.2 refused to deliver the vehicle and demanded to pay the amount towards extra fittings for Rs.2,400/-, minor fittings Rs.1,025/-, TP charges of Rs.1,000/-, insurance amount of Rs.2,580/-, the same is highly excessive, abnormal, exorbitant and not in accordance with law and refused to pay the same, the same amounts to fraud and cheating towards the complainant and the public at large.  The OP No.2 without issuing original bill, has issued fake, bogus, false, created and concocted bill by mentioning excess amount without CST and KST number, specific date and the name of the customer.  The complainant has received excess, abnormal amount with an intention to cause trouble, inconvenience, hardship and irreparable loss to the complainant.  The OP No.2 told the complainant that, without payment of above excess bill amount, they will not deliver the vehicle, which is a deficiency of service and unfair trade practice on the part of OPs.  The complainant has issued legal notice through Advocate to OPs by RPAD dated 30.12.2017 mentioning the above said facts, the same is served on the OPs.  The cause of action for this complaint arose on 13.12.2017, when the complainant has paid the advance amount to OP No.2 and the OP No.2 has issued bogus bill on 15.12.2017 and finally issued the legal notice to the OPs which is within the jurisdiction of this Forum and hence, prayed for allow the complaint.

3.      On service of notice to the OPs, OP No.1 appeared through Sri.B.R. Vishwanath Reddy, Advocate and OP No.2 appeared through Sri. K.E. Mallikarjun, Advocate and filed their respective version. 

According to the version filed by the OP No.1, it is stated that, the allegations made in para 1 of the complaint are matter of record and does not need reply.  It is admitted that, OP No.2 is an authorized dealer of OP No.1, who is the independent body and not the agent of OP No.1.  OP No.1 is only a manufacturer of the vehicle and not involved in the direct sale of the vehicle to the end customers.  The averments made in para 3 to 6 are involved the transactions and communications between the complainant and OP No.2.  The allegations made in para 7 are denied as false and there is no fraud or cheating committed by the OP No.1.  The vehicles manufactured by OP No.1 are sold on principal to principal basis to its various dealers across the country.  The OP No.1 has not received any letter dated 30.12.2017 as mentioned in para 8 of the complaint.  Therefore, there are no grounds for establishing any illegal act or activity on the part of OP No.1 and the complainant has impleaded the OP No.1 to get undue financial gain and hence, prayed for dismissal of the complaint against OP No.1.

 According to the version filed by the OP No.2, it is admitted that, the complainant has purchased two wheeler i.e., TVS Jupiter ZX BSIV Scooty, MAG purple bearing Engine No.EG4KH1635039 Frame No.MD626EG4XH1K55024 from OP No.2 by paying an advance amount of Rs.10,000/- and further it is admitted that, the complainant has paid an amount of Rs.62,554/- on 15.12.2017 and also issued delivery Invoice No.919.  The OP has explained about how much amount has been collected from the complainant and for which purpose and accordingly, Rs.55,624/- has been collected i.e., the cost of the vehicle, Rs.3,120/- towards fitting and accessories, insurance amount of Rs.1,960/-, fitting charges of Rs.206/-, one liter petrol charges of Rs.70/-, TP charges of Rs.600/-, in all a sum of Rs.61,930/-.  Further the OP has stated that, they have not collected excess amount from the complainant and also they have not issued any bogus bill to the complainant.  Whatever the allegations made by the complainant in his complaint are all false and it is created for the purpose of filing this complaint.  The complainant has tried to get unlawful gain by filing this complaint.  The OP is running the two wheeler business nearly from 30 years and nobody has filed any complaints against the OP till today.  Accordingly, the complaint filed by the complainant has no merit and they have no right to get any remedy from the OP.  Further the OP has not collected singly rupee in excess, in spite of that, the complainant has filed this complaint and wrongly seeking compensation of Rs.2,00,000/-, which is four times the cost of the vehicle.  Further it is stated that, the OP No.2 has returned nearly Rs.3,000/- and odd to the complainant, but the complainant has taken a contention that, the OP No.2 has collected excess amount by issuing a bill in white slip to the complainant, the same is denied as false and prays for dismissal of the complaint.          

4.      Complainant himself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-6 were got marked and closed his side. On behalf of OP No.1, one Sri. Gunashekar, the Territory Manager has examined as DW-1 and on behalf of OP No.2, Sri. S. Shivaprakash, the Proprietor as DW-2 by filing affidavit evidence and Ex.B-1 to B-7 documents have been got marked and closed their side.  

 

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainant proves that, the OP No.2 has collected excess amount from him and issued a bill in white slip and committed deficiency of service and unfair trade practice and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

         7.       Our findings on the above points are as follows:-

                    Point No.1:- Partly in Affirmative. 

                    Point No.2:- As per final order.

REASONS

8.      There is no dispute between both the parties that, the complainant has purchased two wheeler TVS Jupiter Scooty from the OP No.2 on 15.12.2017 and paid a sum of Rs.62,554/- including the advance amount of Rs.10,000/- paid on 13.12.2017.  According to the complainant has collected excess amount from him by showing insurance amount of Rs.2,500/-, extra fitting charges of Rs.2,400/-, TP charges of Rs.1,000/-, M/F of Rs.1,025/-.  But the Advocate for the OP argued and denied that the OP has not collected excess amount from the complainant and the OP has returned an amount of Rs.3,000/- and add to the complainant.  But the main contention taken by the complainant that, the OPs have collected excess amount from him and issued a bill in the white slip, that bill has been produced by the complainant i.e., Ex.A-1.  According to the Ex.A-1, the OP No.2 has collected Rs.62,554/- wherein it has been clearly mentioned an insurance amount as Rs.2,580/-, but in the version the OP No.2 has taken a contention that, the insurance amount is of Rs.1,960/- and extra fitting charges amount has been shown as Rs.2,400/- and in the version the same has been mentioned as Rs.3,210/-.  The OP No.2 has produced Ex.B-1, the same shows that, the OP No.2 has collected excess amount from the complainant, it clearly shows that, the OP No.2 has committed deficiency of service and unfair trade practice by issuing a bill in white paper slip mentioning excess amount. 

9.      We have gone through the entire documents, affidavit, version and written arguments filed by both the parties, it clearly shows that, the OP No.2 has collected excess amount as per Ex.A-1 and Ex.B-1.  Ex.A-1 is different from Ex.B-1.  Moreover, the OP No.2 has issued bill in white paper that is the main defect committed by the OP No.2.  The OP No.2 has collected excess amount from the complainant.  No doubt the OP No.2 has returned an amount of Rs.3,000/- and odd to the complainant but, that itself shows that, the OP No.2 as collected excess amount from the complainant.  Therefore, viewed from any angle, this Forum comes to the conclusion that, the OP No.2 has committed deficiency of service and unfair trade practice.  Hence, OP No.2 is held liable to pay compensation.   Accordingly, this Point No.1 is held as partly affirmative to the complainant.          

            10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

            The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

            It is ordered that the OP No.2 is hereby directed to pay a sum of Rs.25,000/- which includes the extra amount collected at the time of delivery of the vehicle and also for issuing the bill in a white slip along with interest at the rate of 9% p.a from the date of complaint till

            Further it is ordered that, the OP No.2 is hereby directed to pay Rs.5,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings.

            The complaint filed as against OP No.1 is hereby dismissed. 

            It is further ordered that, the OP No.2 is hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 14/02/2019 and it is pronounced in the open Court after our signatures)         

 

,,         

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:  Sri. Gunashekar, the Territory Manager of OP No.1, by way of affidavit evidence.

DW-2:  Sri. S. Shivaprakash, the Proprietor, by way of affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Original Bogus, fake bill issued by OP No.2
02	Ex-A-2:-	Bill for Rs.10,000/- dated 13.12.2017
03	Ex-A-3:-	Original delivery certificate dated 15.12.2017
04	Ex-A-4:-	Insurance policy
05	Ex-A-5:-	Legal notice dated 30.12.2017
06	Ex-A-6:-	Two Postal receipts

 

Documents marked on behalf of OPs:

01	Ex-B-1:-	Delivery certificate
02	Ex-B-2:-	Receipt in white for having return Rs.3,000/-dated 13.12.2017
03	Ex-B-3:-	Invoice dated 15.12.2017
04	Ex-B-4:-	Cash Bill 15.12.2017
05	Ex.B-5:-	Service Labour Invoice
06	Ex.B-6:-	Insurance Policy copy
07	Ex.B-7:-	Cash voucher

 

 

 

MEMBER                                                   PRESIDENT

Rhr**