CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA STATE, MUMBAI



FIRST APPEAL NO. 1451 OF 2007 Date of filing : 13/11/2007

IN CONSUMER COMPLAINT NO. 382 OF 2005 Date of order : 13/03/2009

DISTRICT CONSUMER FORUM : THANE



Shri P.N. Sali,

Near Shiv Temple, Sector-25,

Manara Road, Ulhasnagar-421 004. … Appellant/org. complainant

V/s.

1. M/s.Krishna Motors

1, 2 & 27, Mulund Goregaon Link Road,

Mulund (W), Mumbai.

2. The Service Manager

Citi Bank N.A.

Plot No.15, Citicorp Services,

CTS No.46, Mahal Indul. Estate,

Mahakali Caves Road, Andheri (E),

Mumbai – 400 053.

3. Shri Santosh Dhameja

Kailash Tower, Khemani,

Ulhasnagar – 421 001.

4. M/s.Wasan Motors Ltd.

HO : 4, Swastik Park,

Sion Trombay Road, Chembur,

Mumbai – 400 071. … Respondents/org. O.Ps.


Corum : Shri S.R. Khanzode, Hon’ble Presiding Judicial Member
Smt. S.P. Lale, Hon’ble Member

Present: Mr.M.S. Naik, Advocate for the appellant.

- : ORAL ORDER :-
Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member

We heard Mr.M.S. Naik, Advocate for the appellant/org. complainant.

This appeal is directed against the order/award dated 15/10/2007 passed in consumer complaint No.382/2005 P.V. Sali V/s. M/s.Krishna Motors & Ors. by District Consumer Forum Thane.

It is the case of appellant/org. complainant that he has purchased an Indica Car from O.P.No.1/M/s.Krishna Motors. It is his grievance that instead of a new car, old car was given in to his possession. It is further contended by the appellant/complainant that present O.P.No.1 brought a proposal to him to buy a car and to give it on hire to them. Complainant accordingly proceeded with the proposal, prepared necessary papers for taking loan from City Bank and sent a fax to M/s.Krishna Motors. Taking advantage of the said fax, Shri Dhameja/O.P.No.3 who is an Agent of O.P.Nos.1&2, collected the car and brought it to the complainant on 10/07/2004. At that time, said car was full of dust and had no cover to it’s seats and it’s colour was also damaged. Three tyres of said car were required to be replaced after covering distance of 20,000 Km. Therefore, complainant gave a letter on 26/09/2004 to M/s.Krishna Motors and their Agent Mr.Dhameja and financier/City Bank to reduce price of the car by 25%. However, O.P. paid no heed to it. Therefore, this complaint is filed inter alia claiming relief for refund of excess loan amount got sanctioned amounting to Rs.5,300/-, difference in statement of Bank of Rs.2,354/-, refund of excise duty of Rs.88,176/- and claiming additional discount of Rs.17,000/-. Learned Forum below dismissed the complaint and being aggrieved thereby this appeal is filed.

We have carefully gone through the reasoning part of the impugned order. It appears that the car was accepted in a condition as it was at that time by the complainant without any protest. He used it for about 2½ months and thereafter referring to change of car tyres, made a grievance about additional discount, etc. on the ground presuming that the car was old. Such cannot be a consumer complaint within the meaning of Consumer Protection Act, 1986. Similarly, what has been heard in an advertisement of T.V. programme i.e. ‘Z’ Business cannot be a basis to claim refund of excise duty. At the same time, if certain concessions given to one of the customer, does not ipso facto give any actionable legal right to the complainant to claim the same since it is the discretion of the dealer or seller of the car to offer the same. Thus, we find no reason to interfere with the impugned order/award and finding the appeal devoid of any substance pass the following order :-

-: ORDER :-

1. Appeal stands dismissed in limine.

2. No order as to costs.

3. Copies of the order be furnished to the parties.





(S. P. Lale) (S.R. Khanzode)

Member Presiding Judicial Member