Tamil Nadu

StateCommission

FA/78/2020

1.P.Raja, S/o Parameshwaran.K - Complainant(s)

Versus

V.S.Automobiles, rep. by its Authorized Signatory, - Opp.Party(s)

M/s.V.Chinnasamy

30 May 2023

ORDER

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present:   Hon’ble THIRU. JUSTICE R. SUBBIAH  :     PRESIDENT

                 THIRU R   VENKATESAPERUMAL           :      MEMBER

 

F.A. No. 78 of 2020

[Against the order passed in C.C. No.21 of 2017 dated 31.01.2020 on the file of the D.C.D.R.F., Udhagamandalam, Nilgiris District].

 

Tuesday, the  30^th day of May 2023

1.  P. Raja

 S/o. K.Parameshwaran

D.No.44/131/E, Malise Line

Ramchand, Kotagiri

The Nilgiris-643 217

2.  The General Secretary

 The Nilgiris District Consumer Rights Association

Udhagiri

 The Nilgiris - 643 001.                                ..  Appellants/ Complainants         

 

- Vs –

 

V.S. Automobiles

rep. by its Authorised Signatory

No.27/131, John Stone Building

Near CTC Bus Depot

John Stone Square, Kotagiri

The Nilgiris-643 217                                          ..Respondent/Opposite party

                         

Counsel for the Appellants/Complainants:  M/s. V.Chinnasamy

                For Respondent/Opposite party      :  Served called absent

 

               

        This appeal came before us for final hearing on 17.02.2023, and on hearing the arguments of the counsel for the appellants and on perusing the material available on records, this Commission made the following :-

O R D E R

R.SUBBIAH J., PRESIDENT

 

                This appeal has been filed under Section 15 of the Consumer Protection Act, 1986 as against the order dated 31.01.2020 passed by the District Consumer Disputes Redressal Forum, Udhamangalam, Nilgiris District in C.C. No.21 of 2017, dismissing the complaint filed by the Appellants herein.

 

        2.  The case of the complainant, as given in the complaint filed before the District Forum is that the 1st complainant had approached the opposite party for purchase of a TVS Jupiter ZX 113 CC Scooty.  After collecting the entire cost of vehicle of Rs.68,762/- , along with the insurance amount, the opposite party had delivered the vehicle on 29.01.2017 to the complainant.  The Registration Number of the vehicle is TN 43 H5898, the Chassis Number is MD626BG40H1A23937 and the Engine Number is BG4AH167200.  On 29.01.2017, the complainant noticed a strange noise at the backside tyre of the scooty.  He immediately informed the same to the opposite party.  But the opposite party had not responded for the same.  In fact, the vehicle was sent for service on various dates namely,  11.02.2017, 13.02.2017, 20.02.2017 and 15.03.2017.  Finally, the vehicle was sent to the opposite party service centre at Ooty on 17.03.2017 and since then the vehicle is lying under the custody of the opposite party.  Infact the said vehicle had been purchased on hire purchase from Indian Overseas Bank, Kotagiri Branch.  Since the said vehicle was lying with the opposite party, without using the vehicle the complainant had been paying the instalments for two months, amounting to Rs.5400/- to the Indian Overseas Bank.  Though the vehicle was sent to the service station on several occasions, the defect of ceaseless strange noise from back side tyre near the engine, was not rectified.  Having received the full cost of the vehicle, it is the bounden duty of the opposite party to give the registration certificate, warranty service and other relevant documents to the complainant.  But, inspite of repeated requests of the complainant the same were not given by the opposite parties.  In the Insurance Policy bearing No.72240031160100016787 issued by the New India Assurance Company Ltd., Gobichettipalayam Branch, the model of the vehicle has been wrongly entered.  The vehicle which was delivered to the complainant was TVS Million Edition Scooty instead of TVS Jupiter ZX 113 CC.  But the complainant noticed in the documents, it has been mentioned as if they have delivered TVS Jupiter ZX 113 CC.   In this regard, the complainant approached the Consumer Council and they issued a legal notice to the opposite party on 22.03.2017.   Since the opposite party has not come forward to rectify the defects or reply to the legal notice, the complainant has come forward with the complaint for the following directions to the opposite party :-

1. to deliver the defective free TVS Jupiter ZX 113 CC Scooty in good running condition or else a new TVS Jupiter ZX 113 CC Scooty same model along with the original RC Book, Warranty Card etc., if both are not possible, the cost of the vehicle amount paid by the 1st complainant may be refunded;
2. To pay a sum of Rs.1,75,000/- as compensation for mental agony and physical disorder; and
3. to pay a sum of Rs.5000/- towards cost of the complaint and litigation expenses.

       

        3.  Resisting the complaint the opposite party had filed a written version stating that it is true that the complainant had purchased a TVS vehicle by paying an advance amount of Rs.2000/- vide cash receipt No.839 dated 12.01.2017 and the balance amount of Rs.66,762/- on 27.01.2017.  During the delivery of the vehicle, the opposite party noticed that the complainant was not fully acquainted with driving.  He was just learning to drive two wheelers.  Actually, the vehicle was delivered to the complainant, after service, in good condition.  The complainant's carelessness and ignorance in driving the vehicle, has ended in trouble, for which the opposite party cannot be found fault with.  Though the vehicle was made ready by the opposite party on 20.03.2017 itself, the complainant had not taken back the vehicle.  The complainant ought to have checked the model of the vehicle, before taking delivery of the same.  After using the vehicle for more than a month, now coming out with the said allegation is, utterly a falsehood.  Thus, the opposite party sought for dismissal of the complaint. 

 

                4.  In order to prove the case, along with proof affidavit the complainants have filed 10 documents and the same have been marked as Exhibits A1 to A10.  On the side of the opposite party, proof affidavit was filed but no documents were marked.   

 

                5.   The District Forum, after analyzing the entire evidence on records had observed that the complainant has miserably failed to establish his case that there is deficiency of service on the part of the opposite party.  Since it was admitted by the opposite party that the vehicle was lying with them, the District Forum had directed the opposite party to deliver the vehicle in good condition, after service without collecting service charges.  Aggrieved over the said order, the complainants have come forward with the present appeal. 

 

                 6.  Heard the submission made by the counsel for the appellants/complainants and perused the entire material available on records. 

 

         7.  First of all, we find that the complainant has not substantiated his pleadings by producing tangible evidence to show that the vehicle delivered to him is a defective one.  The entire complaint contains only vague and bald allegations.  Such a complaint ought to have been dismissed by the District Forum.  However, by taking a sympathetic view, the District Forum had directed the opposite party to deliver the vehicle in good condition, after service without collecting service charges.  But has not awarded any compensation, in which we do not find any infirmity.  Therefore, we are not inclined to interfere with the just and reasonable order passed by the District Forum.

 

         8.  In the result, the appeal is dismissed and the order dated 31.01.2020 passed by the District Consumer Disputes Redressal Forum, Udhamangalam, Nilgiris District in C.C. No.21 of 2017, is confirmed.  No order as to costs. 

 

 

R  VENKATESAPERUMAL                                                                                                   R.SUBBIAH

         MEMBER                                                                                                                        PRESIDENT

 

 

Index :  Yes/ No

 

AVR/SCDRC/Chennai/Orders/May/2023