First Appeal No. 215 of 2016. Case: Lally Motors India Pvt. Ltd. Vs Sukhwinder Singh and Ors.. Punjab State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. 215 of 2016 |
| Counsel | For Appellant: Vishal Aggarwal, Advocate and For Respondents: Kartik Gupta, Advocate |
| Judges | Gurcharan Singh Saran, (Presiding Member (J)) and Surinder Pal Kaur, Member |
| Issue | Consumer Protection Act, 1986 - Sections 11(2)(b), 12, 26 |
| Judgement Date | January 11, 2017 |
| Court | Punjab State Consumer Disputes Redressal Commission |
Order:
Surinder Pal Kaur, Member, (Chandigarh)
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Appellant/Opposite Party No. 2 (hereinafter referred as OP No. 2) has filed the present appeal against the order dated 05.02.2016 passed by the District Consumer Disputes Redressal Forum, Hoshiarpur (hereinafter referred as "the District Forum") vide which Complaint No. 132 dated 14.08.2015 filed by the Respondent/Complainant (hereinafter referred as complainant) was partly allowed and OP No. 2 was directed to return the original price of the car i.e. Rs. 8,39,818/- Rs. 17,691/- as extended warranty and Rs. 25,000/- as registration charges with interest @ 9% per annum from the date of sale i.e. 03.02.2014 till its realization along with Rs. 10,000/- as compensation for harassment and Rs. 5,000/- as litigation expenses. Complainant was also directed to transfer the car in the name of OP No. 2 after compliance of the order.
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Complaint was filed by the complainant under Section 12 of the Consumer Protection Act, 1986(in short the Act) wherein it was averred that he purchased one Volks Wagon Vento Diesel Car bearing Chassis No. WVWG 1360 2DTU 70771, Engine No. CLN 245171 after making cash payment of Rs. 8,39,818/- from OP No. 2 who is an authorized dealer of OP No. 1 i.e. manufacturer. At the time of purchase of vehicle OP No. 2 took the signatures of complainant on blank& printed papers. On 30.01.2015 an official of OP No. 2 called the complainant for service of vehicle and also asked for extended warranty of two years @ of Rs. 17,695/-. However, vehicle was under warranty period of two years which started from day of purchase of vehicle i.e. 03.02.2014 to 02.02.2016. Even for extended warranty complainant paid Rs. 17,791/on 30.01.2015 after that warranty of the vehicle was extended from 02.02.2016 to 01.02.2018. However, complainant was surprised to see the receipt of extended warranty that vehicle in question was already sold to another person on 31.08.2013. Complainant immediately contacted OP No. 2 and brought this fact to its notice but all in vain. It was further averred that OP No. 2 had sold the old vehicle/2nd hand vehicle to the complainant. Complainant number of times requested OP No. 2 to refund the price of the vehicle but it flatly refused to accede his genuine request. Sale of an old vehicle and then not to replace it amounted to deficiency in service on the part of OPs. Hence he filed the complaint before the District Forum seeking following directions against OPs:-
(i) to...
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