Haryana

StateCommission

A/996/2016

HYUNDAI MOTOR INDIA LTD. - Complainant(s)

Versus

VANDANA SHARMA - Opp.Party(s)

AMIT GUPTA

31 Jul 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

                                     First Appeal No  :   848 & 996 of 2016

Date of Institution:  16.09.2016 & 21.10.2016

                                     Date of Decision:   31.07.2017

 

First Appeal No.848 of 2016

 

1.      Ultimate Automobiles Private Limited, Plot No.355, Industrial Area, Phase II, Panchkula through its Authorized Representative.

 

2.      Ultimate Automobiles Private Limited, Plot No.154-155, Industrial Area, Phase 1, Chandigarh through its Authorized Representative

                             Appellants-Opposite Parties No.1 & 2

Versus

 

1.      Smt. Vandana Sharma wife of Jagdeep Sheoran son of Sh. Sunder Singh, resident of House No.1465, Sector 39B, Chandigarh.

Respondent-Complainant

 

2.      Hyundai Motor India Limited, Registered Office & Factory, Plot No.H1, SIPCOT Industrial Park, Irungattukottai, NH No.4, Sriperumbadur Taluk, Kanchipuram District, Tamil Nadu – 602117 through its Authorized Signatory.

Respondent-Opposite Party No.3

 

 

First Appeal No.996 of 2016

 

 

Hyundai Motor India Limited, having its Office at 5^th Floor, Corporate One (Baani Building), Plot No.5, Commercial Centre, Jasola, New Delhi.

 

                             Appellant-Opposite Party No.3

Versus

 

1.      Smt. Vandana Sharma wife of Jagdeep Sheoran son of Sh. Sunder Singh, resident of House No.1465, Sector 39B, Chandigarh.

Respondent-Complainant

 

2.      Ultimate Automobiles Private Limited, Plot No.355, Industrial Area, Phase II, Panchkula through its Authorized Dealer.

 

3.      Ultimate Automobiles Private Limited, Plot No.154-155, Industrial Area, Phase 1, Chandigarh through its Authorized Service Provider.

Respondents-Opposite Parties No.1 & 2

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri Balbir Singh, Judicial Member.

                             Ms. Urvashi Agnihotri, Member

Present:              Shri Satpal Dhamija, Advocate alongwith Shri G.K. Dhawan, General Manager, for Ultimate Automobiles Private Limited.

                             Smt. Vandana Sharma-complainant in person alongwith her father-in-law Sh. Sunder Singh.

                             Shri Amit Gupta, Advocate for Hyundai Motor India Limited.

 

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

This order shall dispose of afore-mentioned two appeals bearing No.848 and 996 of 2016 because they have arisen out of common order dated September 01^st, 2016 passed by District Consumer Disputes Redressal Forum, Panchkula (for short, ‘District Forum’) in complaint No.252 of 2015 filed by Smt. Vandana Sharma-complainant.

2.      First appeal bearing No.848 of 2016 has been filed by Ultimate Automobiles Private Limited and another-opposite parties No.1 & 2 (authorized dealer) and appeal No.996 of 2016 has been filed by Hyundai Motor India Limited-opposite party No.3 (Manufacturer) for setting aside the impugned order.

3.      Smt. Vandana Sharma-complainant purchased a car Hyundai i20 Elite make from the authorized dealer on December 03^rd, 2014.  She noticed some noise in the car while applying brakes.  She brought the car to the authorized dealer.  The authorized dealer failed to remove the defect in the car.  Hence, the complaint.

4.      The District Forum vide impugned order allowed the complaint.  Operative part of the order is reproduced as under:-

          (i)      To replace the said Hyundai i20 elite car with a brand new car of the same make and model, free of charge.  The complainant shall also take the car in question to the workshop of opposite party No.2 within 10 days from the date of receipt of copy of this order.

          (ii)      To pay a sum of Rs.22,900/- to the complainant, which he had paid to PEC University of Technology, Chandigarh for getting the vehicle inspected.

          (iii)     To pay a sum of Rs.10,000/- as compensation for mental agony, harassment and cost of litigation to the complainant.

          (iv)    In case, the opposite party No.3 fail to comply with the order as at para No.15 (i), then they would be liable to refund the cost of the car at which rate it was sold to the complainant alongwith interest at the rate of 9% per annum from the date of purchase till realization.”

 

5.      On May 25^th, 2017 following order was passed by this Commission:-

          “Learned counsel for the Ultimate Automobiles Private Limited-opposite parties No.1 & 2 (Authorized Dealer) and Hyundai Motor India Limited-opposite party No.3 (Manufacturer) have stated that the car would be repaired free of cost and after repair, two engineers of Manufacturer would examine and issue a certificate with respect to its repair. The certificate shall be placed on record on the next date of hearing.

          The proposal made is accepted by the Agent of the complainant.”  

 

6.      Learned counsel for the authorized dealer has placed on record the report (Annexure P-1) of two Automobile Engineers viz. Jaspreet Singh and Bhuvnesh and Satisfaction Note (Annexure P-2).  In the report (Annexure P-1), it was stated that the requisite works have been carried out and the relevant parts have been replaced.  The vehicle is in perfect roadworthy condition.   

7.      A test drive of 113 km was conducted by the authorized dealer alongwith Jagdeep Sheoran, husband of the complainant.  After test drive, Satisfaction Note (Annexure P-2) was given whereby it was stated that no defect was found in the vehicle.  There was no noise in the break.  The authorized dealer did not charge any amount from the complainant.  From the report of two engineers (Annexure P-1) and also the Satisfaction Note (Annexure P-2) given by Jagdeep Sheoran, it can be said that the defect, if at all were there, have been removed by the appellants.  This being so, the order under challenge is set aside.  Both the appeals disposed of in the manner indicated above.

8.      The statutory amount of Rs.16,450/- and Rs.25,000/- deposited at the time of filing both the appeals be refunded to the respective appellants against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

9.      Certified copy of this order be placed in the file of First Appeal No.996 2016.

 

 

Announced 31.07.2017

(Urvashi Agnihotri) Member

(Balbir Singh) Judicial Member

(Nawab Singh) President

U.K