Delhi

North East

CC/61/2021

Raj Kumar - Complainant(s)

Versus

Arya Motors Pvt. Ltd. - Opp.Party(s)

08 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.61/21

In the matter of:

 

	Raj Kumar S/o Sh. Jaswant Singh Kushwaha, R/o H.No. 1/6217, Flat No. 7,8, Gali No. 4, East Rohtas Nagar, Delhi 110032	Complainant
	Versus
1.           2.	Arya Motors (A Unit of ANR Automobiles Pvt. Ltd.) 3535, Netaji Subhash Marg, Dariyaganj, New Delhi 110002   Sohna Automobiles Dhel Corner Dumdaduma More Sohna Gurgaon Haryana 122103	Opposite Parties

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                         DATE OF ORDER  :

30.03.2021 09.10.2023 08.02.2024

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

ORDER

 

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

 

Case of the Complainant

1. The case of the Complainant as revealed from the record is that on 18.10.2020 Complainant booked a Tata NEXON XZS car with Opposite Party No. 1 for gift to his sister on the occasion of her marriage. Complainant paid an amount of          Rs. 11,000/- to the Opposite Party No. 1 as booking amount and Opposite Party No. 1 issued a receipt in the name of Opposite Party No. 2. Complainant stated that Opposite Party No. 1 committed to deliver the said vehicle on 15.11.2020 as the marriage of his sister on 27.11.2020. Complainant stated that the said booked vehicle was not delivered by the Opposite Party No. 1 and Opposite Party No. 2 to the Complainant till 27.11.2020 despite many calls and personal visits. Complainant stated that he made several request and phone call to Opposite Parties but till today Opposite Parties had not refunded the booking amount to the Complainant. Hence, this shows the deficiency of service on the part of Opposite Parties. Complainant has prayed for Rs. 11,000/- i.e. booking amount of the car along with interest @ 18 % p.a. and Rs. 9,00,000/- on account of mental harassment.
2. None has appeared on behalf of the Opposite Parties despite service of notice to contest the case. Therefore, Opposite Parties were proceeded against ex-parte vide order dated 06.04.2022.

 

Ex- Parte Evidence of the Complainant

3. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint.

Arguments & Conclusion

4. We have heard the Ld. Counsel for the Complainant. We have also perused the file and written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above, the complaint is allowed. Opposite Parties are directed to pay jointly and severally an amount of Rs. 11,000/- i.e. booking amount of the car to the Complainant along with interest @ 9 % p.a. from the date of filing the complaint till recovery. Opposite Parties are also directed to pay jointly and severally an amount of Rs. 15,000/- on account of mental harassment and          Rs. 10,000/- on account of litigation expenses to the Complainant along with interest @ 9 % p.a. from the date of this order till recovery.
6. Order announced on 08.02.2024.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)	(Adarsh Nain)	(Surinder Kumar Sharma)
(Member)	(Member)	(President)