District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

Phone: 011-23969372; 011-23912675 Email: confo-nt-dl@nic.in

 

In the matter 

Sh. Subodh Goyal

S/o Sh.Anand Prakash Goyal

R/O Near Hind Prakash Deeg

Bharatpur, Rajasthan

ICICI Lombard General Insurance Co.Ltd.

4th floor, Red Fort Capital

Parsvnath Tower, Bhai Veer Singh Marg

Gole Market, New Delhi-110001              ...Complainant

Zoomcar India Pvt. Ltd.

Having registered office at Unit No.701 to 717

7th floor, Tower-B, Diamond District

No.150, Airport Road, Kodihalli

Bangalore-560008, Karnataka

Also at 

AB1, Safdarjung Enclave

Near Kamal Cinema Stand

Above Central Bank, Delhi-110029    ... Opposite  party

 

                                                                                                ORDER

                                                                                              06/01/2024

Ms.Harpreet Kaur Charya, Member 

1. Facts necessary for the disposal of the present complaint are that the complainant had booked online Mahindra Scorpio for visit to Rohtang via Manali vide booking ID JPS6VHNEE.  The complainant was accompanied by his four other friends and the expenses including booking charged were to be shared by all of them.  The complainant was provided vehicle No.DL-1N-8132, stating to be in good and efficient condition.  

2. The complainant paid the entire booking amount of Rs.12,000/- along with security deposit of Rs.5000/- through online mode.  The complainant has alleged that the vehicle provided by OP had defective clutch plate despite knowing that the complainant was to travel to hilly area.  The vehicle stopped after travelling 400 kms. due to mechanical fault.  OP was immediately informed.  As per agreement OP was supposed to provide taxi upto 50 kms and towing van with mechanic in case of breakdown but the same was not provided for six hours and the complainant was left without food and water which caused harassment and humiliation.  The complainant has further alleged that neither the in-charge of towing vehicle provided any identity card nor got it confirmed by any other means, thus the complainant did not handover the keys of the vehicle keeping in mind the security of the said vehicle. 

3. The taxi arranged by OP dropped the complainant to the nearest town/city which was free for first 50 kms however the complainant was asked to pay a fare of Rs.20/0 per km.  The complainant asked for refund of entire booking amount as well as the security which was refused by OP, thus the complainant retained all the original papers as OP failed to provide the services as promised at the time of booking. As per the complainant. as the vehicle was handed over to the complainant within the territorial jurisdiction of this commission , therefore, this commission is competent to adjudicate the present complaint.

4. It has been submitted by the complainant that he is ready and willing to return all the original papers alongwith the possession of the vehicle. 

5. Legal notice dated 03/05/2016, was served upon the complainant which was duly replied vide reply cum notice dated 08/05/2016 where the OP was informed that upon refund of booking amount with security deposit alongwith fuel expenses and compensation for harassment, the original documents will be handed over to OP.

6. The complainant has prayed for direction to OP to refund the entire booking amount of Rs.12,000/- with security deposit of Rs.5,000/- and fuel charges of Rs.1,000/- ; compensation on account of mental agony, harassment, risk to health and safety and financial losses of Rs.50,000/- and cost of litigation of Rs.20,000/-. 

7. The complainant has annexed the copy of the driving license, copy of payment receipt and toll tax receipt, copy of legal notice served by OP on email dated, reply cum legal notice dated 05/04/2016 by the complainant alongwith postal receipt, copy of permit, tax form receipt, copy of ticket issued by Himachal Pradesh Tourism Development Corporation dated 01/05/2016, an email dated 29/04/2016. The complainant has also annexed the orders dated 23/02/2018 of Ld. Consumer Dispute Redressal Forum-VI (District New Delhi), Order dated 25/04/2018 of Ld. Consumer Dispute Redressal Forum (District Central), terms and conditions of OP. 

8. Notice of the present complaint was served upon OP.  Written statement was filed on their behalf. 

9. OP has taken several objections in the defence such as the present complaint is false, frivolous and misconceived; complainant is not a consumer; complainant has concealed material fact that he had received the vehicle after proper inspection at 7.51 pm on 29/04/2016. The complainant drove the vehicle for more than 12 hours from Delhi to near Manali.

10. It has been submitted that the vehicle broke down on account of negligence on the part of the complainant as he continued to drive the car in half press clutch mode which resulted in breakdown of the clutch and the present complaint has been filed to counter the notice issued by them. OP is entitled to late fee and charges as per the terms and conditions of member agreement to which the complainant had consented at the time of booking.  It is the complainant who has refused to hand over the vehicle documents which are necessary for the use of vehicle. The OP was unable to use the vehicle for many business days for want of original documents namely RC, Permit, Insurance etc. which has caused the financial loss.  

11. As per clause 5.3 of member agreement which deals with vehicle pick up and return/vehicle condition/stolen vehicle.  As per the said clause 

5.3  You must leave all the original documents including but not limited to registration certificate, insurance policy, tax payment challan, self drive license, pollution clearance certificates, vehicle’s key fob . or other starting device to the vehicle in its designated position in the vehicle at the conclusion of your reservation.  You must advice Zoomcar immediately if you fail to leave the original documents mentioned hereinabove, key/fob/starting device, parking pass or toll payment pass (if applicable in the vehicle) and this causes inconvenience to Zoomcar  another Member, you will be charged the hourly rate for the vehicle until the, original documents, key/key fob/starting device/parking pass/toll payment pass is returned safely to Zoomcar and you will remain responsible for the payment of charges against the usage of the vehicle during such period.  you may also be charged a fee at Zoomcar’s sole discretion to replace any of the items missing from the vehicle. 

 

12 . It has been submitted by OP that they are having their registered office at Unit No.701 to 717, 7th floor, Tower-B, Diamond District, No.150, Airport Road, Kodihalli, Bangalore-560008 and branch office at Janakpuri, New Delhi and engaged in business of self-drive car rental service provider. They have submitted that a vehicle is provided to a member for a fixed duration of time as required and requisitioned by the member through on-line booking or through mobile application. 

13 .It has further been submitted that the complainant had made online booking on 29/04/2016 at around 4.01 pm for Mahindra Scorpio vide booking ID JPS6VHNEE for a fix period starting from 8.00 pm on 29/04/2016 to 1.00 pm on 02/05/2016 on test drive rental basis. The original documents were provided to the complainant at premium parking, New Delhi Railway Station.  The complainant had also uploaded his driving license on the website.  

14 .As per member agreement and booking terms the vehicle along with original documents was to be returned by the complainant to OP on or before 0-2/05/2016.  However, on 30/04/2016, at around 8.29 am OP received a call informing about the breakdown and immediately assistance was provided.  The complainant instead of co-operating  with the staff of towing vehicle and customer care used filthy language and threatened with dire consequences and refused to hand over the original documents as well.  It was only after much persuasion, not the original documents but only the key of the vehicle was handed over.  

15 .The complainant drove the vehicle for more than 12 hours for 434 kms. and in case there would have been any issue with the clutch it would not have been possible to cover the distance.  It has been denied that there was delay of 06 hours in providing the taxi/towing van, the complainant was asked to pay Rs.20/- per km by the taxi sent by OP.  

16 .OP has submitted that had there been any dispute as regard to the refund the same does not authorised the complainant to continue with the illegal and unauthorised possession of the original document. There is breach of terms and conditions of the membership agreement by the complainant and OP is entitled to recover the damages and late free charges. Another objection taken by OP is that there is no privity of contract between the OP and the friends of the complainant as the booking was made by the complainant. Rest of the contents of the complaint have been denied with the prayer for dismissal of the complaint with exemplary cost. 

17 .They have annexed the Board resolution, Member Agreement, screenshots of the account and copy of the driving license of the complainant with the written statement.

18 .Evidence by way of affidavit was filed by the parties.  Complainant has reiterated the contents of the complaint.  He has got exhibited the copy of Identity Card of the complainant as Ex.CW1/A, copy of online booking confirmation and online payment receipt for Rs.17,405/- (however the same has not been filed alongwith the complaint) as  Ex.CW1/B (colly);  toll tax receipt as Ex.CW1/C (colly), true copy of payment receipt No.792673 dated 30/04/2016 for Rs.600/- and Receipt No.79283 for Rs.6500/- dated 01/05/2016 as Ex.CW1/D (colly); copy of fuel payment receipt No.03 for Rs.1000/- dated 30/04/2016 as Ex.CW1/E; copy of payment receipt No.9716316369460 dated 30/04/2016 for Rs.220/- issued by PSTS, Government of Punjab as Ex.CW1/F ; return ticket for Rs.6500/- as Ex.CW1/G; copy of legal notice dated 03/05/2016 issued by OP as Ex.CW1/H and reply cum legal notice dated 07/05/2016 alongwith the postal receipt and tracking report are Ex.CW1/I ato Ex.CW1/K.

19 . OP has got examined Sh. Prashant Sharma, Deputy Manager, Operation and Enforcement, Authorised Representative.  He has also repeated the contents of their written statement and has got exhibited the Board resolution as Ex.RW1/1; Booking details alongwith the driving license of the complainant as Ex.RW1/2 (colly); legal notice dated 03/05/2016 as Ex.RW1/3. 

20 . We have heard the arguments of the Ld. Counsel for the Complainant and Ld. Counsel for OP.  The complainant has alleged that the vehicle provided by OP was defective due to which he had to undergo mental agony and physical harassment.  The consumer-service provider relationship is not disputed.  It has been admitted by both the parties that the complainant is in possession of the documents of OP’s vehicle.  It is also not in dispute that the vehicle provided by OP broke down after covering 400 Kms. of taking delivery of the vehicle from OP.

21 .If we look at legal notice dated 03/05/2016, issued by OP for returning the documents including registration copy, Insurance Policy of Mahindra Scorpio car bearing No.DL-1N-8132 alongwith payment of prescribed fee and cost and penalty with intention to initiate proceedings under IPC, IT Act, 2000 and MV Act 1988.   It has been admitted by the complainant in para 7, 9 and 10 in reply dated 05/04/2016 (seems to be typographical error, it should have been 05/05/2016.) 

 

  “para 7    that the original paper is retained by my client as your client is not ready to refund the booking amount and security deposit and compensation for inconvenience cause to my client due to deficient services and unfair trade practices on the part of your client.” 

 

22.  As far as allegations with respect to the defective vehicle are concerned, OP has submitted that the vehicle was given to the complainant in good condition and it was due to the negligence of the complainant, the vehicle broke down, but OP has placed nothing on record to show that the vehicle was handed over to complainant in roadworthy condition so that the complainant could finish his trip without any problem. Bill of repair of the disputed vehicle has also not been filed to rebut the allegations levelled by the complainant.

23. Another allegation of the complainant with respect to delay of 6 hours in providing assistance in case of breakdown is concerned; in response to which OP in its reply has stated “reasonable time”. This term reasonable time is an ambiguous; hence this defence does not help the OP.   At the same time complainant has also not placed any documents in support of his allegation that OP demanded Rs.20/- per km. to drop the complainant to the nearest town/city and the same was paid by the complainant. This fact also cannot be ignored that the complainant deliberately retained the possession of the original documents of the vehicle and demanded the refund of the booking amount and security. The complainant should have adopted legal recourse available to him after handing over the original documents. 

24. The complainant has placed on record the return ticket for Rs.6,500/- (Ex.CW1/G), which he was constrained to purchase for return to Delhi from Himachal Pradesh Tourism Development Corporation.

25.Thus, from above discussion we are of opinion that OP failed to provide proper roadside assistance to the complainant, this amounts to deficiency in services.  

26.We are not inclined to award any refund of the security amount to the complainant, as the complainant deliberately did not handover the original documents to the OP. 

Therefore, in the facts and circumstance of the present complaint, we direct :-

(a) OP to Refund the booking amount of Rs.12,000/-

(b) OP to reimburse the complainant with Rs.6,500/- paid for purchasing return ticket.

(c) We also award Rs.5,000/- as compensation on account of deficiency in services to be paid by the OP to the complainant.

(d) Complainant is also directed to return all the original documents in his possession to OP upon receipt of Rs.12,000/-.

 

The order be complied within 30 days of receipt of this order.  Office is directed to supply the copy of this order to the parties as per rules.  Order be also uploaded on the website.  Thereafter, file be consigned to the record room.

 

 

 

                                 (Harpreet Kaur Charya)              (Divya Jyoti Jaipuriar)

                                              Member                          President