DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  BARNALA, CAMP COURT AT AMRITSAR, PUNJAB.

 

Complaint Case No : RBT/CC/2018/184

Date of Institution : 12.03.2018/29.11.2021

Date of Decision : 21.07.2022

Ankush S/o Sh. Ramesh Mahajan R/o H. No. 4/1032, Gali No. 2, Judge Nagar, Mahajan Karyana Store, Amritsar.    …Complainant

Versus

Aryan Hyundai, Majitha Verka Byepass, Amritsar through its Managing Director/Manager.

…Opposite Party

 

Complaint U/S 11 and 12 of The Consumer Protection Act as amended up to date

Present: Sh. Davinder Gujral Adv counsel for the complainant.

Sh. Neeraj Kumar Brahmi Adv counsel for opposite party.

Quorum.-

1. Sh. Ashish Kumar Grover : President

2. Smt. Urmila Kumari : Member

(ORDER BY ASHISH KUMAR GROVER PRESIDENT):

    The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The complainant filed the present complaint under Section 11 and 12 of the Consumer Protection Act against Aryan Hyundai, Amritsar. (in short the opposite party). 

2. The facts leading to the present complaint as stated by the complainant are that he purchased one Hyundai Grand I10 Magna 1.2 Car bearing registration No. PB-02-DJ-3365 from the opposite party on 18.10.2017. At the time of purchase of said car the opposite party charged Rs. 20,801/- from the insurance of the said vehicle and Rs. 40,948/- for the registration and opposite party issued commitment sheet in which the said figures are shown. When the complainant received insurance policy, then he has come to know that the charges of insurance of the vehicle was Rs. 17,868/- which created doubt in the mind of the complainant so he also verified the charges taken by the opposite party for the registration of car from the concerned RTO office and then the complainant came to know that the opposite party excess charged Rs. 7,500/- from the complainant so the opposite party charges the excess amount of Rs. 10,433/- for the insurance and RC of the vehicle of the complainant which amounts to unfair trade practice on the part of the opposite party. The complainant requested many times for refund of amount charged in excess but of no use. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite parties may be directed to refund the amount of Rs. 10,433/- to the complainant alongwith interest at the rate of 18% per annum from the date of purchase of vehicle till its realization.      

2) To pay Rs. 50,000/- on account of harassment and mental agony.

3) To pay Rs. 20,000/- as cost of legal expenses.

4) Any other relief to which the complainant is found entitled. 

3. Upon notice of this complaint, the opposite party filed written statement taking preliminary objections on the grounds that the complainant has not come to this Commission with clean hands. The real facts are that the complainant approached the opposite party for purchase of Hyundai Car Model I-10 Grand Megma 1.2 and Ex-showroom price of the vehicle was Rs. 5,28,718/- so the cost of insurance comes to Rs. 20,801/- and registration charges was Rs. 40,948/- and after including the insurance and RC charges the total cost of the vehicle came to the tune of Rs. 5,90,467/-. The complainant insisted the opposite party to give some discount so the opposite party had given a package deal to the complainant which included cost of vehicle, cost of insurance and cost of RC and given a discount of Rs. 75,000/- on the entire amount of Rs. 5,90,467/- and entire costs came to Rs. 5,15,467/- and discount of Rs. 75,000/- adjusted from all the costs and then as per the insured declared value of the vehicle the cost of insurance came to the tune of Rs. 17,868/- and cost of RC came to the tune of Rs. 35,268/-. 

4. On merits, the opposite party submitted the same submissions as mentioned in the preliminary objections so there is no need to repeat the same. However, they submitted that no excess amount was charged from the complainant and there is no deficiency in service and unfair trade practice on their party. Lastly the opposite party  prayed for the dismissal of the present complaint with costs. 

5. In support of his complaint, the complainant tendered into evidence his affidavit Ex.CW-1/A, copy of legal notice dated 6.1.2018  Ex.C-1, postal receipt dated 6.1.2018 Ex.C-2, copy of driving license  Ex.C-3, copy of commitment sheet Ex.C-4, copy of insurance Ex.C-5, copy of RC Ex.C-6 and closed the evidence. 

6. To rebut the case of the complainant, the opposite party  tendered in evidence affidavit of Baldev Raj Sharma Ex.OP-1/A, documents Ex.OP-1 to Ex.OP-6 and closed the evidence. 

7. We have heard the learned counsel for the parties and have gone through the record on the file carefully. Written arguments also filed by the opposite party. 

8. The complainant alleged in the complaint that the complainant has purchased the Hyundai I-10 Megna 1.2 from the opposite party and opposite party charged Rs. 20,801/- for insurance and Rs. 40,948/- for the registration. The complainant further alleged that when complainant received insurance policy then he come to know that the charges of insurance of the vehicle was Rs. 17,868/- and complainant inquired about registration charges and he came to know that opposite party excess charged Rs. 7,500/- from the complainant, so the opposite party charged excess amount of Rs. 10,433/- 

9. On the other hand the opposite party mentioned in the written version that the actual costs of the car was Rs. 5,28,718/- so costs of insurance comes to Rs. 20,801/- and registration charges was Rs. 40,948/- and after including the insurance, RC charges the total costs of the vehicle came to the tune of Rs. 5,90,467/-. The opposite party given the discount of Rs. 75,000/- on the entire amount of Rs. 5,90,467/- and entire costs came to Rs. 5,15,467/- and discount of Rs. 75,000/- adjusted from all the costs and then as per insured declared value of the vehicle the costs of insurance came to the tune of Rs. 17,868/- and costs of RC came to the tune of Rs. 35,268/-. 

10. On the perusal of the evidence produced by the complainant Ex.C-4 the commitment sheet and same document was also produced by the opposite party as Ex.OP-3. It is mentioned in the said document that Ex-showroom price of the vehicle was Rs. 5,28,718/-, insurance charges Rs. 20,801/- and registration charges Rs. 40,948/- and it is also mentioned in the same column the discount is Rs. 75,000/-. The opposite party also produced Ex.OP-5 i.e. order booking form in which the opposite party also mentioned the insurance charges of Rs. 20,801/- and registration charges Rs. 40,948/- and discount Rs. 75,000/-. From these documents it established that the opposite party charged Rs. 20,801/- for insurance and Rs. 40,948/- as registration charges. The learned counsel for the opposite party argued that the discount of Rs. 75,000/- adjusted from all the costs and then as per the insured declared value the costs of insurance came to Rs. 17,868/- and costs of RC came to Rs. 35,268/-. As per our opinion the opposite party has charged excess amount for the insurance and RC charges. It is clear cut unfair trade practice that the opposite party firstly charged excess amount from the complainant and thereafter gave the discount. 

11. In view of the above discussion, present complaint is partly allowed and opposite party is directed to refund the amount of Rs. 10,433/- to the complainant alongwith interest at the rate of 6% per annum from the date of purchase of said vehicle till its actual realization. The opposite party is also directed to pay Rs. 5,500/- to the complainant as compensation for mental tension and harassment and Rs. 3,300/- as costs and litigation expenses. Compliance of this order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order will be supplied to the parties by the District Consumer Disputes Redressal Commission, Amritsar as per rules. File be sent back to the District Consumer Disputes Redressal Commission, Amritsar. 

ANNOUNCED IN THE OPEN COMMISSION:

        21st Day of July 2022

 

 

            (Ashish Kumar Grover)

            President

              

(Urmila Kumari)

Member