R.N.A. AGENCIES PVT. LTD vs RAMBIR

THIS order shall dispose of two Appeals Nos. 18 and 20 of 1997 as both arise out of the same order dated 4.12.1996 passed by the learned District Forum, Gurgaon, whereby the complaint filed by Rambir against R.N.A. Agencies has been found to be within limitation and has been allowed with a direction issued to the R.N.A. Agencies to pay Rs. 10,000/- by way of compensation. The complainant Rambir had purchased Nova Ambassador car from R.N.A. Agencies, the authorised dealers at Gurgaon, on 10.1.1994 for Rs. 2,27,051/-. Though at that time the meter reading showed 67 kms. yet it was found that the engine and chassis number of the car belonged to a car which stood already sold by the R.N.A. Agencies to M/s. Uttam Chemical Udyog, Faridabad, on 2.12.1993 for Rs. 2,21,741/-. Thus, the complainant found that the same car was sold to the complainant with changed model "1994" from "1993" for an additional amount of Rs. 6.000/- without disclosing the factual position. The sale certificate and the receipt dated 2.12.1993 in favour of M/s. Uttam Chemical Udyog left inadvertently in the car further strengthened the apprehension of the complainant and when he got the car checked by mechanic it transpired that there was a dent in the body of the car which had been repaired and a new coat of white colour had been given to it. The complainant approached the learned District Forum, Rewari, but the same was dismissed on 17.6.1996 on the ground of territorial jurisdiction. The present complaint was thereafter filed on 2.8.1996 before the District Consumer Forum, Gurgaon. In their written statement, it was pleaded by the opposite parties - now appellants in the cross appeal - that as the car had been purchased by the complainant after due verification and physical inspection by them, they were not liable to compensate now especially when the earlier complaint filed by them at Rewari had been dismissed. The learned District Consumer Forum, Gurgaon, however finding merit in the complaint allowed the same.

IN the appeal filed by the R.N.A. Agencies, the same pleas have been reiterated as were advanced by them before the learned District Forum and no cogent or convincing ground has been added by the learned Counsel on the basis whereof their appeal can be accepted. Consequently the same is dismissed. So far as the appeal filed by the complainant is concerned (Appeal No. 20 of 1997), the relief claimed is that the opposite parties (the manufacturer and the dealer) should be directed to replace the car in question with a new one, i.e. the latest model instead of model 1993-94 and also to pay the amount of Rs. 2,50,000/- on account of penalty and harassment along with other expenses of insurance and miscellanous expenses of Rs. 10,000/-.

After hearing the learned Counsel we find that entire allegations made by the complainants in their complaint have been duly established on the basis of the record and a clear case of defect in the goods has been proved against the respondents. Not only that, it has also been brought to our notice by the learned Counsel appearing for the Hindustan Motors, Calcutta, the manufacturers of the Nova cars, that though no relief has been claimed against them yet they have put in appearance to apprise the Commission that the dealership agency in favour of R.N.A. Agencies has since been terminated. Thus, the only question which now remains for our adjudication is, the amount of compensation to be awarded to the complainants instead of the total replacement of the car, as the car in question was purchased about four years back. Taking into consideration the extra price paid by the complainants amounting to Rs. 6,000/-, the insurance charges amounting to Rs. 6,741 /-, and the repair and maintenance charges on seat covers and accessories amounting to Rs. 12,000/- and adding to it the amount of compensation on account of harassment, mental agony etc. amounting to Rs. 75,000/-, we allow this appeal filed by the complainants by awarding compensation of Rs. 1,00,000/- to the complainant-appellants. The payment shall be made within a period of two months by respondent Nos. 1 and 2. The complainants shall also be entitled to costs of the appeal which are quantified at Rs. 1,000/-. Appeal No. 20/97 allowed. Appeal No. 18/97 dismissed.