By Sri. MOHANDASAN.K, PRESIDENT

Complaint U/s 12 of the Consumer Protection Act 1986.

            Complaint in short is as follows:-

1          The complainant ordered a new vehicle Hyundai Grand i10 car with passion orange color and given Rs.1,000/- in advance to the opposite party on 25/12/2018. The complainant exchanged her vehicle Alto K10 car, 2015 model for Rs. 2,90,000/- on 27/12/2018. The opposite party assured that they will hand over the same color vehicle within 7 days from the date of order. Complainant paid entire amount of Rs.6,06,195/- on 05/01/2019 as price of the vehicle. But on 05/01/2019 the opposite party delivered a car with ferry red color instead of passion orange. The complainant requested the opposite party to hand over the vehicle with passion orange.  Thereafter two days the ferry red color car was taken back by the opposite party and promised to deliver passion orange car within two days. The complainant requested the opposite party to deliver passion orange car which she had originally booked. On 20/02/2019 the opposite party delivered a vehicle of same model to the complainant by repainting the vehicle with the color of passion orange.  There was a delay of 60 days in delivering the car. The complainant submitted that she decided to book the vehicle of the opposite party on seeing the advertisement in various medias issued by the opposite party and trusting the content of advertisement. The complainant shattered when she realized that she has been cheated by opposite party. The complainant was not able to use any vehicle for about two months since she had exchanged her old vehicle to opposite party’s company. The complainant was compelled to take delivery of the repainted passion orange car instead of new passion orange.

2.         The complainant was forced to issue a letter to R.T.O to change the color flame orange to passion orange, which is originally booked by the complainant. Opposite party had promised to complainant that they will hand over a new vehicle with the color of passion orange. Hence the complainant alleges deficiency in service, unfair trade practice, sheer negligence and cheating against the opposite party .The petitioner sent notice to opposite party on 09/04/2019 but there was no reply. Hence the prayer of the complainant is to replace the vehicle or pay the money which was paid by the complainant. The complainant also pray for compensation of Rs.2,00,000/- with interest .

3.         On admission of the complaint notice was issued to the opposite party and on receipt of notice opposite party entered appearance and filed version.

4.         The opposite party denied the entire averments and allegations contained in the complaint.  The opposite party admitted that the complainant ordered one grant i10 car advancing 1,000/- rupees on 25/10/2018. She had sold her Alto K10 car for Rs.2,90,000/- and on 05/01/2019 she paid the entire balance amount at the time of delivery of the car. The complainant took delivery of the car satisfying the color and verifying the vehicle. Thereafter two days the complainant called the opposite party and said that he had booked a car of passion orange color and the delivered car is different one and demanded for a passion orange color car.  The complainant brought the vehicle to the opposite party show room. The complainant had not mentioned the passion orange color at the time of booking. The opposite party company Hyundai manufacturing passion orange color car as I20 and Cretta only. The same was informed to the complainant and she was convinced also. The complainant insisted the opposite party and as per instruction of complainant on 25/01/2019 the opposite party repainted the car as passion orange and accordingly within two weeks of entrustment of car it was repainted and returned to the complainant.

5.         Since the repainting was as per the instruction of the complainant and it was being a new vehicle the most care was required. The color provided in the RC book was being another one the vehicle has to take before RTO for the verification. The vehicle can be produced before R.T.O only on appointed day. The opposite party has taken due care in the case of complainant vehicle and the work was completed immediately and the vehicle was entrusted to the complainant on 19/02/2019 itself. The complainant had expressed her gratitude to the opposite party for complying the demands of the compliant within short span of time and so the present complaint is at the instigation of any other source. The opposite party have no intention to harass the complainant or make financial advantage. The opposite party submit that the complainant is not entitled for any remedy as claimed. The opposite party submit that they had sold more than 5000 i10 cars and also services to all the vehicles .There is no complaint is received against the service of the opposite party. There was no delay of 60 days as alleged in the complaint.  The aim of the complainant is to tarnish the opposite party before the public and to make undue financial advantage and also to cause hardship to the opposite party.

6.         The complainant and opposite party filed affidavit and documents. The documents on the side of complainant marked as Ex.t A1 to A4. Ext. A1 is order booking form.  Ext. A2 is delivery note dated 27/12/2016. Ext. A3 is tax invoice dated 05/01/2019. Ext. A4 is copy of lawyer notice with postal receipt and acknowledgement dated 09/04/2019. The documents on the side of opposite party marked as Ext. B1 to B3. Ext. B1 is photographs of delivery of vehicle to the complainant. Ext. B2 is copy of request letter to change the color of car dated 19/01/2019. Ext. B3 is copy of request letter regarding color change of the car dated 21/05/2019.

7.         Perused affidavit and documents. Heard both sides.

8.         Following points arise for consideration: -

1. Whether there is decency in service on the part of the opposite party?
2. Relief and cost ?

9.         Point No.1 & 2

The grievance of the complainant is that she had ordered a new vehicle Hyundai Grand i10 car with passion orange color and given and advance of Rs.1,000/- on 25/12/2018. The opposite party delivered the car on 05/01/2019 after receipt of entire price of the car. The allegation of the complaint is that on 05/01/2019 the opposite party delivered a car with color of ferry red instead of passion orange. The complainant requested the opposite party to hand over the vehicle with passion orange. Accordingly after two days ferry red color car was taken back by the opposite party and promised to deliver passion orange car within two days. On 22/02/2019 the opposite party delivered to the complainant the vehicle of same model by repainting with the color of passion orange. There was a delay of 60 days in delivering the vehicle also.

10.       The complainant produced Ext. A1 to show that the complainant ordered Grand i10 car of the opposite party manufactured in the year 2018 on 25/12/2018.The allegation of the complainant is that the opposite party delivered ferry red color car instead of passion orange. But on perusal of Ext. A1 there is no definite mention of the color of the car.  The color mentioned in Ext. A1 document is orange. The opposite party produced Ext. B1 to show the delivery of the car. It can be seen Ex. B1 the complainant received a different color car instead of her booking order as contended by both parties. But the opposite party produced Ext. B2 and B3 to show that complainant demanded to change the color of the car. Ext. B2 states that “മുകളില്‍ എഴുതിയ വിഷയത്തെ പറ്റി ഞാന്‍ Grand i10 car, നിറം ഫ്ലെയിം ഓറഞ്ച് 09-01-2019 ന് വാങ്ങിയിരു¼¤. കളര്‍ ഫ്ലെയിം ഓറഞ്ച്  ആയതിനാല്‍ ഞാന്‍  താങ്കളോട് ഗോള്‍ഡന്‍ ഓറഞ്ച് ആക്കി തരുവാന്‍ അഭ്യര്‍ത്ഥിക്കു¼¤. അതുകൊÙ®  എത്രയും പെട്ടെന്ന്  അതിന്‍റെ നിറം  ഗോള്‍ഡന്‍ ഓറഞ്ച്  ആക്കി തരുവാന്‍ അഭ്യര്‍ത്ഥിക്കു¼¤..  Ext. B3 states that മുകളില്‍ എഴുതിയ വിഷയത്തെ പറ്റി Grand i10 car  നിറം – passion orange (Same colour of Elit i20 duly sign by me as per copy given to Mr.  Sarath ) ആക്കി  മാറ്റുക . Both the documents does not reveal that the complainant booked passion orange color car but she wanted to use a passion orange color car.

11.       The opposite party contended that the Hyundai company do not produce passion orange color car as Grand i10 car. They are producing passion orange color car as i20 and Cretta only. If that being the fact it is not reliable to the case of the complaint and the oppose party agreed to provide passion orange color car of Grand i10. The close reading of the complaint and affidavit there is no proper explanation regarding the execution of B2 and B3 documents. In short B2 and B3 document disprove the case of the complainant that the complainant ordered Grand i10 car with passion orange color and the opposite party delivered Grand i10 car with the color of ferry red. The opposite party also submitted that at the instance of complainant they prepared to repaint the color of the car and also has taken steps to enter sufficient changes in the registration certificate of the vehicle and the delay if at all occurred was not within the control of the opposite party. The physical verification of the vehicle was required before R T O and for those few days was taken. The opposite party submitted that there was a delay of 45 days in delivering the vehicle.

12.       Considering the entire fact and verification of documents the allegation of the complainant is baseless and so the complainant is not deserving any relief as prayed. Hence the complaint stands dismissed

Dated this 29^th day of April , 2022.

Mohandasan . K, President

     Preethi Sivaraman.C, Member

     Mohamed Ismayil.C.V, Member

VPH

APPENDIX

Witness examined on the side of the complainant:  Nil

Documents marked on the side of the complainant: Ext.A1 to A4

Ext.A1: Order booking form

 Ext.A2: Delivery note dated 27/12/2016

Ext A3: Tax invoice dated 05/01/2019

Ext A4: Copy of lawyer notice with postal receipt and acknowledgement dated

  09/04/2019 .

Witness examined on the side of the opposite party: Nil

Documents marked on the side of the opposite party: Ext. B1 to B 3

Ext.B1: Photographs of delivery of vehicle to the complainant.

Ext.B2: Copy of request letter to change the colour of car dated 19/01/2019.

Ext.B3: Copy of request letter regarding colour change of the car dated 21/05/2019.

Mohandasan . K, President

     Preethi Sivaraman.C, Member

     Mohamed Ismayil.C.V, Member

VPH