Haryana

Karnal

CC/54/2024

Manpreet Singh - Complainant(s)

Versus

Toyota Kirloskar Motor Private Limited - Opp.Party(s)

Vishal Kundi

08 Aug 2024

ORDER

Present:  None for the complainant.

              Shri Surinder Kumar, counsel for the OP No.2.

              Shri Virender Adlakha, counsel for OPs No.3 & 4.

 

 

              Vide this order, we dispose of an application for dismissal of complaint being infructuous, moved by the OP No.2.

2.           Brief facts of the application are that the complainant has filed the present complaint before this Commission on 25.01.2024. The applicant being the authorized dealer of OP No.1 dealing in sales and services of Toyota Vehicles. The vehicle in question reported to the dealership of applicant/OP for accidental repair on 06.12.2023 and the verbal approval to start the repair work was given by the surveyor on 14.12.2023. Thereafter, the said vehicle was repaired and ready for delivery on 02.01.2024 and invoice dated 04.01.2024 for an amount of Rs.14,89,125/- was generated and the same was shared with the insurance company. On 09.01.2024, the invoice was submitted with the concerned insurance company office at Ambala and the insurance company was requested to issue Delivery Order. Complainant delayed in submitting the documents due to which there was delay in issuance of delivery order by the insurance company. Finally on 14.02.2024, delivery order was issued by the concerned insurance company and vehicle was delivered to the complainant on 15.02.2024. Complainant alongwith his friends visited the dealership of OP on 07.02.2024 and forcibly took the possession of vehicle by using the second key and ran away. Thereafter, police complaint was made on the same day and thereafter, complainant returned the vehicle to the OP on 09.02.2024 and took the delivery of repaired vehicle on 15.02.2024 as per the process. The repaired vehicle can only be delivered to the customer only after receiving delivery order from the concerned insurance company of the vehicle in question.  Now, the complainant has already taken the delivery of the repaired vehicle with full repairs in proper road worthy condition on 15.02.2024 after paying the balance amount without any protest after the issuance of Delivery Order dated 14.02.2024 issued by the concerned insurance company of the vehicle in question. From the said it is very much clear that the applicant has repaired the vehicle in question and the moment delivery order was received by the insurance company, the complainant took the delivery of the same on the very next day. Hence, now there is no grievances of the complainant and prayed for allowing the application and for dismissal of complaint.

3.           Neither none has appeared on behalf of complainant nor reply to the application has been filed.

4.           By way of present complaint, the complainant sought the following relief:

i)            Delivery of vehicle of complainant to him after full repair in proper road worthy condition at the earliest.

ii)           Pay Rs.5,00,000/- as compensation on account of harassment, mental tension, inconvenience caused due to absence of vehicle and litigation expenses due to the act and omission of the OPs.

iii)          Any other relief which this Hon’ble Commission may deem fit may also be granted to the complainant.

 

5.           The OP No.2 by way of instant application has alleged that the complainant has received the vehicle in a road worthy condition. To prove the fact that the insurance company i.e. OPs No.3 & 4 have already made the payment of repair of vehicle to the OP No.2, they have placed on file copy of payment voucher and on receipt of payment from the insurance company, the OP No.2 has released the vehicle to the complainant in a road worthy condition.

6.           Since, the complainant has received his vehicle from the applicant/OP No.2 in a road worthy condition and the relief sought by him has become infructuous that is why the complainant is not appearing before this Commission to pursue his complaint. It seems that the complainant is no more interested to pursue with the present complainant.

7.           Hence, in view of the above discussion, the instant application is allowed and the complaint filed by the complainant is hereby dismissed being infructuous. However, if the complainant is having any grievances, he is at liberty to file fresh complaint on the same cause of action, if so desired. Parties concerned be communicated the order and thereafter, file be consigned to record room after due compliance.        

 

Announced

Dated:08.08.2024                                                                     

                                                               President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

                        (Sarvjeet Kaur)

    Member