STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.
Consumer Complaint No.261 of 2019
Date of institution : 29.03.2019
Date of Decision : 03.04.2019
Harjeet Singh, S/o Sohan Singh, 16D, 14 Tripuri Town, Patiala.
….Complainant
Versus
- Toyota Kirloskar Motor Private Limited Redg. Office & Works: Plot No.1, Badadi Industrial Area, Bidadi, Ramanagara District, PIN-562 109. Karnataka. Email: voc@toyota-kirloskar.co.in.
- Globe Toyota Automobiles Pvt. Ltd., B-51, Industrial Area, Phase VI, SAS Nagar (Mohali) through its Authorized Representative/Signatory. Email: globetoyotachd@globeauto.in.
.…Opposite Parties
Consumer Complaint under Section 17 of the Consumer Protection Act, 1986.
Quorum:-
Hon’ble Mr. Justice Paramjeet Singh Dhaliwal, President
Ms. Kiran Sibal, Member
Present:-
For the complainant : Sh.G.S.Thind, Advocate
JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT :
The complainant has filed this complaint, under Section 17 of the Consumer Protection Act, 1986 (in short, “the Act”), against the opposite parties, seeking following directions to them:
- to replace the defective vehicle i.e. Innova Crysta 2.4 V, Package: X, 8 Seater with the new vehicle or in the alternative to refund the entire amount of Rs.18,18,505/- alongwith interest @ 18% from the date of purchase of the vehicle till realization;
- to pay Rs.3,00,000/- for suffering harassment and mental agony for deficiency in service by the OP.
- to pay a sum of Rs.3,00,000/- as compensation for the loss suffered by the complainant towards loss in business and trade and loss suffered on account of making alternative travel arrangements when the vehicle was not in working condition and when the vehicle was kept by opposite party No.2 for examination and exception and was asked to specifically bring for inspection from Patiala to Mohali.
- To pay Rs.22,000/- as litigation expenses.
- Any other order or relief which this Hon’ble Commission may deems fit and proper be also be made in favour of the complainant.
Facts of the Complaint
2. Brief facts of the case are that complainant purchased Toyota Innova Criysta 2.4, bearing Chassis No.MBJGB8EMX020385280218, Engine No.2GD A172620, vide Invoice No.INVI80000239 dated 23.03.2018 for the value of Rs.18,18,505/- from the OP No.2 and manufactured by OP No.1. The Temporary Certificate of Registration No.PB/65/TMP/2018/2253 was issued in the name of complainant by the State Transport Department, RTA, SAS Nagar. The above said vehicle was financed by Dena Bank, Phase 3B2 Mohali, Sector 52, SAS Nagar, Punjab for Rs.10 lac. The complainant got insured the said vehicle from the SBI General Insurance Company Ltd., SCO No.457-58, First and Second Floors, Sector 35-C, Chandigarh, by paying a premium of Rs.70,739/-. He paid Rs.99,574/- towards permanent registration of the said vehicle, to RTA, Patiala. He also spent Rs.12,500/- for payment towards Registration Number, i.e. PB11CC-0044. He spent more than Rs.20 lac on the purchase and other expenses of the above said vehicle. From the very beginning the vehicle, in question is vibrating in the front part of the Engine, which is irritating to the driver. There is also a noise coming while driving the vehicle in back gear, which is very loud. The complainant visited the agency of OP No.2 at Mohali for the first time for service of the vehicle on 19.04.2018 and requested the incharge of Service Department to check the vibration problem coming from the vehicle and also to check loud noise while running in back gear. They told that after sometime the problems would disappear and the vehicle would run smoothly but till date even after running more than 10,000 K.M. the same problem still remains in the said vehicle. The complainant visited the agency many times at Mohali, but same problem remained in the vehicle and nothing has been done by the workshop persons at Mohali Showroom. He further averred that OP No.2 many times called the complainant with the vehicle in question at Mohali from Patiala for solving the problem of vibration and noise, but no receipt and no copy of work order was supplied to him, during these visits at Mohali Agency and nothing has been done by OP No.2 to solve the above said problem in the vehicle. On 20.12.2018, complainant sent an email to OP No.1 for resolving the problem of vibration coming from the vehicle but nothing has been done by the company till date, because the above said problems are due to manufacturing defect which cannot be cured. The complainant spent huge amount on the said vehicle due to the above said problems. He is also hiring taxi service for his day to day work of his business and suffering loss due to this problem. The vibration problem in the vehicle and back gear noise could not be resolved by OP No.2 and even by the Toyota Kirloskar Motors agency at Focal Point, Patiala, where the complainant had also visited for the same problem. The complainant served a notice to OPs demanding that a new vehicle be given to him by replacing the above said defective vehicle, which has been sold to him, but no action has been taken by OPs to solve the above said problems. He suffered mental agony and mental torture at the hands of OPs for deficiency in services and their callous attitude towards the complainant and further he hired the service of Taxi operator for the purpose of his business for going from one place to another, due to such fault in the above said vehicle. He spent Rs.20,01,318/- on the purchase of vehicle, insurance and registration etc. Hence, alleging deficiency in service and unfair trade practice on the part of OPs, present complaint has been filed seeking the aforesaid relief.
Contentions of the Complainant
3. We have heard learned counsel for the complainant at the admission stage of the complaint and have gone through the record carefully.
4. Learned counsel for the complainant vehemently contended that the opposite parties failed to solve the problem of vibration and loud back gear noise coming from the vehicle purchased from OPs, despite visiting many time at their agency to resolve this problem but nothing has been done by them. Further, the opposite parties neither resolved the above said problems and nor replaced the vehicle in question. Therefore, the complaint is liable to be admitted to be heard on merits.
Consideration of Contentions
5. We have considered the contentions raised by the learned counsel for the complainant.
6. Admittedly, the instant complaint has been filed by the complainant that there is a problem in the vehicle specifically the vibration in the engine. The vehicle in question is manufactured by OP No.1 and was purchased on 23.03.2018 for a sum of Rs.18,18,505/- from OP No.2, which was got registered with the Registration Authority, SAS Nagar, vide Ex.C-2 and thereafter, it was also got insured with SBI General Insurance vide Insurance Certificate Ex.C-3. For the first time the vehicle was taken for free service on 19.04.2018, vide warranty repair Note Ex.C-6 and the reading at that point of time was 1636 Kilometers. Thereafter, vehicle was again taken for service on 30.06.2018 vide warranty repair note and the reading at that point of time was 4785 kilometers. The vehicle then taken for service vide Ex.C-9 on 20.11.2018 and the reading was 10,699 KMs. Thereafter, again it was taken for service on 21.11.2018 Ex.C-11 to the Authorized Agency at Patiala. Nothing has been mentioned that there was a vibration, rather the Agency after examining the vehicle has made specific note/report Ex.C-11, which reads as under:-
“10K Service done, next service due after 5K & six month which comes earlier, VVA, VVB, TR done, our technical team CHK proper parameters & CHK all mounting and underhood & found OK, & comparison other vehicle & noise CHK OK, vehicle vibration checked found OK & also offered him to check the comparison with the same make vehicle & noise CHK OK, FR brake pad thicknss is 8.5MM, battery gravity is 12.50V, dear customer MR, comments & feedback:- Thank you so much to visiting at Pioneer Toyota Patiala. If you have any Feedback related to given service. Please contact to our Management 7341142442-Sukhdeep Singh (SA) 9501020442 (GM Service), 8283822442 (HCR), 9915906623 (SM Service), 1800-137-4667 Toll free for appointment & feedback. If you’re SATISFIED with dealership services. Please give us 5 Star ***** rating during Service Feedback Call.
Safety precaution:- 1 Please remove Outside (Non Genuine) Accessory fitment as it could be harmful for your car like Fire Hazard.
2. Please remove non genuine mats & doubt mats as it is related to your safety, UNDERBODY COATING (5 YEARS WARRANTY).”
The suggestion was that the vehicle is loaded with unnecessary accessories, which may be harmful and it may be causing harm to the vehicle like Fire Hazard. He was advised that same may be got removed. Furthermore, there is only one evidence i.e. legal notice sent to the Company on 10.01.2019, Ex.C-12 pointing out some vibration and email dated 20.12.2018 Ex.C-10. The last service was got done on 21.11.2018 and legal notice was sent on 10.01.2019.
7. We have specifically put a question to the learned counsel for the complainant that if the vehicle was vibrating why he had not sought for opinion from the expert other than Company Expert who had already given certificate of the vehicle is fit and without fault. It is common practice that sometimes the consumers add unnecessary accessories which are not otherwise permissible, which may result vibration, which may be in the present case also. When unauthorized accessories are loaded on the vehicle then the possibility of vibration cannot be ruled out. There is no specific evidence that there is any vibration in the engine of the vehicle.
8. Inspite of categoric note given by the agency every time when the inspection was carried out, a satisfaction note was given by the complainant that vehicle is OK. There is not an iota of evidence, which may prime facie shows that vehicle has some defect or vibration in the engine of vehicle in question. Even the complaint did not opt for getting opinion form an independent expert/mechanic.
9. In view of above, we do not find any justification to issue even notice. Hence, we do not find any merit in this complaint and the same is dismissed in limine.
(JUSTICE PARAMJEET SINGH DHALIWAL)
PRESIDENT
(KIRAN SIBAL)
MEMBER
April 03, 2019
Rupinder 2
