JUDGEMENT
Date - 21.09.2013
(Through Shri.Vinayak Raoji Londhe, President )
The complainant Dr.Sangita Hande filed the present compliant U/sec.12 of Consumer Protection Act against the respondent for grant of compensation for rendering deficiency in the service.
Following are the brief facts given rise to the decision of complaint. It is the case of complainant that, She is Medical Practitioner, complainant intended to purchase Ford Classic Titanium vehicle from the showroom of respondent. Respondent gave quotation of Rs.8,10,888/- on 09.01.2013 to the complainant. Complainant deposited an amount of Rs.50,000/- as a booking amount on 10.01.2013. The respondent has issued receipt no.00666 on 10.01.2013. The respondent agree to deliver the vehicle on or before 27.01.2013 through vehicle order taking form. The respondent also assured that, if the complainant will deposit the sum of Rs.6,96,988/- excluding R.T.O. Tax of Rs.63900/-, the respondent will pay the insurance policy amount of the vehicle and thus the complainant deposited the amount of Rs.6,97,000/. On 18.01.2013 with the respondent. Accordingly, the respondent issued receipt. On 27.01.2013 complainant approached the respondent for delivery of vehicle. The respondent told complainant, the vehicle is not available due to shortage of stock and agreed to deliver the vehicle on 15.02.2013. On 15.02.2013 the complainant approached respondent, but the respondent did not give the delivery of the vehicle. The respondent inform the tentative delivery date 15.07.2013. By receiving the said e-mail complainant realize the ill intention of respondent. Complainant approached the respondent and requested to deliver the vehicle or to repay the consideration to the complainant. The respondent has transferred the sum of Rs.6,00,000/- in the account of complainant. And again transfer Rs.1,15,988/- in the account of complainant on 09.03.2013.
It is the case of complainant that, respondent has received the entire consideration but fail to deliver the vehicle has agreed. The respondent has unauthorisingly the retain money. The respondent has caused the harrashment to the complainant and thus the complainant has urged that, she is consumer entitled for the interest of Rs.22.410/-, compensation for Mental and Physical harrashment, notice charges and cost of litigation. Complainant prayed the sum of Rs.82,410/- from the respondent.
The respondent is duly served notice by R.P.A.D. Respondent failed to appear and context the complaint. The complaint is proceed ex-party against respondent.
On behalf of the complainant, the evidence by way of affidavit is placed at Exh.8, Complainant produced the documents with Exh.5, heard the argument of learned Advocate Shri.Pokale for complainant. We have gone through the document filed by complainant and the evidence. Following issue arise for determination those isse are answered against each for the reason to follwing.
POINT ANSWER
1. Whether the complainant proved that, the
Respondent agreed to delivered the vehicle on
27.01.2013 and failed to deliver the vehicle to the
complainant ? Yes.
2. Whether complainant proved that, there is deficiency
In the service on at the part of respondent ? Yes.
3. Whether complainant is entitled for the amount claim ? Yes.
4. What order ? As per Order.
REASON
POINT NO.1 to 4 :-
Having gone through the evidence by way of Affidavit and documents filed by the complainant, its establish that, the complainant has booked the vehicle Ford Classic Titanium with respondent who is authorized dealer. It also reveals that, the complainant has deposited sum of Rs.50,000/- at the time of booking and sum of Rs.6,97,000/- with respondent and accordingly, respondent has issued receipt bearing no.00666 on 10.01.2013 and receipt no.00689 on 21.01.2013. It shows that, the complainant has deposited the amount as per the agreed terms with the respondent. However, the respondent did not delivered the vehicle as agreed. Instead of that, the respondent has extended the date of delivery. It also reveals that, the respondent did not delivered the vehicle in time, the complainant asked the refund of amount. The respondent has refunded the whole amount to the complainant. It also reveals that, the respondent has retained the said amount and utilize it for his own purpose. The respondent has not delivered the vehicle as agreed. By this act, the respondent has caused the deficiency in the service. The respondent has retained the money of complainant. The complainant is entitled for the interest on the said amount for the period of retention of amount. The complainant is also deprived the benefits of the said amount. The complainant has suffered the Mental and Physical harrashment for non delivered of the vehicle in time. And thus, in our opinion, the complainant is entitled for the interest on the amount of Rs.7,47,000/- from 10.01.2013 to 09.04.2013 at the rate of 10 % p.a. The complainant is also entitled for the sum of Rs.10,000/- towards Mental and Physical harrashment and cost of litigation of Rs.3,000/-. Accordingly, we answered point no.1 to 4 affirmative.
Hence, following order.
ORDER
1. The complaint is allowed.
2. The respondent is here by order to pay the interest at the rate of Rs.10 % p.a. an amount Rs.7,47,000/- from 10.01.2013 to 09.04.2013 with in 30 days from the receipt of the Judgement, failing which the complainant is entitled for interest at the rate of Rs.12 % p.a. on the said amount from the date of filing of complaint i.e. 23.03.2013 till realization.
3. The respondent is here by order to pay Rs.10,000/- towards Mental and Physical harrashment and cost of litigation of Rs.3,000/- to the complainant.
4. The Complainant refunded the complaint set as per section 20 (3) Consumer Protection Act,.1986.
Smt.Manjusha Chitalange Shri.Vinayak Londhe
Member President
District Consumer Disputes Redressal Forum,Beed.
