DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL) ISBT KASHMERE GATE DELHI
CC/ 268/2015
No. DF/ Central/ Dated
Tarun Rathi S/o Shri Rakam Singh
R/o House No. 1132, Near ESI Hospital
Sector – 9 A, Gurgaon
……..COMPLAINA NT
VERSUS
M/s. Y K Autoworld – Mahindra First Choice
Having its Business Premises at 109,
Prabhat Kiran Building, T. Sohan Lal Marg,
Rajendra Place, New Delhi - 110008
…..OPPOSITE PARTY
Ms. Rekha Rani President
Sh. Vikram Kumar Dabas, Member Mrs. Manju Bala Sharma, Member
ORDER
01 February, 2018
Mrs. Manju Bala Sharma, Member
Instant complaint has been filed by the complainant on 08/09/2015 alleging therein that complainant came across the advertisement of the OP offering an used Hyundai I 20 Sportz car for selling at Rs. 5,75,000/- and the complainant expresses his desire to see and purchase the car. The complainant along with one of his friend visited the business premises of the OP and complainant took a short test drive and after brief negotiation purchased the car for Rs. 5,10,000/- with an assurance that if there is any problem with the car at any point of time the OP is ready to take care of technical or mechanical problem. Complainant paid Rs. 5,000/- on the spot as token money vide receipt dated 25/03/2015. The remaining amount was paid by complainant on 26/03/2015 and 30/03/2015 through HDFC Bank and Axis Bank respectively and possession of the car was delivered to the complainant on 30/03/2015 vide delivery note of even date.
It is further alleged that just after three days of the purchase of the car the complainant was taken aback when the car did not start in the morning of 03/04/2015. The complainant approached OP to seek after sale service but he did not respond. The complainant called at the customer desk no. 8130999063 but the recipient of the OP kept on delaying the issue and unfortunately denied to provide any after sale service and to compensate the expenditure incurred. The complainant left with no other option but to get the car repaired at M/s. Automotive India Gurgaon, and paid Rs. 9,000/- for its repair vide invoice dated 11/04/2015.
It is further alleged that minor issues with the car kept on arising on routine basis but on 23/04/2015 the car did not start at all and complainant was compelled to get the car towed away to M/s. Hans Hyundai and the complainant was again to pay Rs. 35,000/- for its repair. The car was creating almost every other day new problems and consequently expenses to get the car repaired and resultant problems to the complainant became a routine affair and in such unavoidable circumstances the complainant sold the car on 01/06/2015 to M/s. Automotive India for Rs. 3,70,000/-. It is alleged that as the OP sold the car to the complainant with assurance of after sales service and concealing the defects which the car was having, it jeopardize occupation of the complainant due to which the complainant had to sell the car by suffering further loss of Rs. 1,40,000/-.
Pleading deficiency in service on the part the OP the complainant prayed that OP be directed to reimburse Rs. 44,000/- incurred by the complainant on repairs of the car, Rs. 1,40,000/- towards the loss suffered by the complainant on further sale of the car and Rs. 1,00,000/- for harassing, humiliating and causing mental agony to the complainant and litigation expenses.
Notice sent to the OP has not been received back unserved, hence service presumed to have been affected on the OP and OP was proceeded ex-parte vide order dated 06/01/2016.
Affidavit of evidence has been filed by the complainant. Complainant has filed copy of the receipt of Rs. 5,000/- as EX C-1, copies of two bank transactions Ex C- 2 (colly) delivery note Ex C – 3, breakdown service report Ex C- 4, invoice raised by M/s Automative India for Car repair Ex C – 5, copy of Job card and estimate given by M/s. Hans Hyundai Ex C-6 and copy of delivery receipt of car sold to M/s. Automotives India as Ex C -7.
We have heard learned counsel for complainant and gone through the documents and written argument filed by the complainant. The complainant has himself admitted in the complaint that he took the test drive of the car before its purchase. The complainant has filed copy of delivery note Ex C - 3 relevant part of the same is reproduced here in :
‘’I am taking delivery of the above said vehicle on this day 30/03/2015 for my personal conveyance only. The said vehicle has been duly approved by me and found to my entire satisfaction. I am from today onwards responsible to pay all types of Traffic offence, Fines, Police Legal Litigation, accident and R.T.O. taxes and premium of insurance of the said vehicle. Y K Autoworld will not be responsible for any malfunctioning of the vehicle arising from improper use of the vehicle or claim arising there from after delivery. Y K Autoworld is not responsible for any electric fault arising there from after delivery. RTO process takes 45 – 60 days upon submission of documents.’’
Bare perusal of the delivery note clearly shows that the complainant has approved the vehicle in question and found the same to his entire satisfaction and further held himself responsible to pay all types of traffic offence, Fines, Police Legal Litigation, accident and R.T.O. taxes and premium of insurance of the said vehicle and further that OP will not be responsible for any malfunctioning of the vehicle. The delivery note hence clarify that complainant was fully responsible for its maintenance, accidents, road taxes of police offences and for any kind of misuse after taking its delivery. The Hon’ble State Consumer Redressal Commission West Bengal vide its order dated 02/12/1993 in S C Case No. 238/A of 1993 held that after having purchase the vehicle the complainant cannot raise any dispute as to the defects in relation to the Car or to its physical condition as the purchase is total based ‘’as is where is basis’’.
In view of the above facts and circumstances we are of the considered opinion that there is no deficiency on the part of the OP hence the complaint is dismissed and there is no order as to costs filed. File be consigned to record. Copy of the order be sent to the parties as per law.
Announced on this 1st Day of February 2018.
