Adv. For the Complainant: - Self        

          Adv. For O.P:-                              Sri A.K.Mishra, Sandipan Mishra  & others                        

         Date  of filing of the Case  :-22.03.2022(10.08.2021)

         Date of Order :-    12.01.2023

JUDGEMENT

Smt. Jyotsna Rani Mishra, Member

Facts of the case in nutshell:-

            Sri Jagannath Prasad Hara, Complainant purchased a Royal Infield Company Bike Classic 350 metalo silver from M/s Loyal Automobiles At- Madhiapali  Dist- Bolangir on Date. 05.04.2021 and paid Rs 225770.00( 2 Lakhs  Twenty Five Thousand Seven Hundred Seventy only) to the M/s  Loyal  Automobile company .

                The showroom  given a quotation of Rs. 2,15,561.00 ( 2 Lakhs  Fifteen Thousand Five Hundred Sixty One)only on dt. 03.03.2021 and accordingly complainant have paid Rs 10,000/- to the M/s Loyal Automobile company in advance on Dt.23.03.2021 and booked the bike with reference ID BKG009016CD00744. Accordingly the said bike also reached to showroom in time before  Hike  the price.

                 As per the given quotation complainant financer State Bank of India also sanctioned a vehicle loan of Rs 1,94,000,00( One Lakh Ninety Four Thousand) only. On dt.26.03.2021 and paid to the company showroom account accordingly 05.04.2021

             Loyal Automobiles company charged excess price of Bike although the Bike is already booked and reached and available in showroom before price hike.

To  Substantiate his case the complainant relied on following  documents-

1. Letter sanction of convenience loan by SBI.
2. Quotation copy by Loyal Automobiles company
3. Tex invoice
4. Registration Copy
5. Insurance copy
6. Premium Amount copy
7. Registration  certificate copy
8. Bike booking message
9. Bank Statement            

      The reason cited by OP.2denied all the allegation and stated that intimated to Complainant with regard to pricing policy and informed them to if there is any future price hike from the side of OP then at the time of billing or delivery price may vary more.

 The Reason cited by OP1, denied all the allegation and quotation clearly states about the possibility of any price rise in future and that the price at time of delivery of vehicle will be taken as final and complainant take more than 30 days after taking of the quotation more so the information with regard to the price rise was intimated to the complainant by the OP2 during the end of March 2021 but the complainant kept a deaf ear towards the same. 

  In the view of above in details,  I feel and observed that OP charged excess  price of bike although the bike was already booked and reached/available in showroom before price Hike and any type of matter like price rise in futures and rise of price at the time of delivery of vehicle  will be taken as final will be mention on the quotation . Thus what alleged by the complainant, it is presumed to be true.  Ops are liable to compensate to complainant for the fault of the  Company /Showroom and got mental harassment.

ORDER

            I directed the O.Ps to pay fault incurred a loss of RS 6393.00 with 9% interest.

             I further directed to pay a sum of Rs 20000/-to the complainant towards compensation for mental agony and sum of Rs 2000/-  towards cost of Litigation.

            This Order be complied with by OP within one month from the date of receipt of  its Certified Copy. Failing which it shall make payment of amount mentioned above within 12% interest per annum from the date of filing the present complainant till realization.

            Accordingly the case is disposed off.  No Order as to cost.

PRONOUNCED IN THE OPEN COMMISSION TO-DAY  12^th  day of   January‘2023.

                    (R.K.TRIPATHY)                                                              (J.MISHRA)                                                                   

                   PRESIDENT(I/C)                                                                            MEMBER