Before the District Consumer Disputes Redressal Forum, Rohtak.

                                                          Complaint No. : 219.

                                                          Instituted on     : 07.05.2015.

                                                          Decided on       : 19.08.2016.

Padam Sales and Marketing Research Private Limited, Gopal Complex, Sant Nagar, Civil road Rohtak through its Director Brejess Goyal.

                                                          ………..Complainant.

                             Vs.

Badhwar Automotives Pvt. Ltd. Sonepat Road, Near CSD Canteen, Rohtak-124001 through its Director Amit Badhwar.

                                                     ……….Opposite party.

          COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.JOGINDER KUMAR JAKHAR, PRESIDENT.

                   MS. KOMAL KHANNA, MEMBER.

                   SH.VED PAL, MEMBER.

Present:       Sh. Deepak Bhardwaj, Advocate for the complainant.

                   Sh.N.K.Singhal Advocate for the opposite party.

                                      ORDER

SH. JOGINDER KUMAR JAKHAR, PRESIDENT :

1.                          The present complaint has been filed by the complainant with the averments that he had booked a Chevrolet Sail LS-ABS car with the opposite party vide Sales Order Booking Form S.No.337 and paid the advance booking amount of Rs.10000/- with the opposite party on 31.12.2013. It is averred that the opposite party had promised to deliver the brand new 2014 manufactured car by 31.01.2014 but when the complainant contacted the opposite party on 31.01.2014 for delivery of car, it was informed that the booking was accepted for old unsold stock manufactured in 2013 of Sail Hatchback and the complainant would have to take the delivery of old stock, to which the complainant refused and requested for refund of the booking amount.  It is averred that the opposite party promised to refund the booking amount but failed to honour the promise. It is averred that due to unethical behavior of OP, the complainant purchased the car from Lekh Raj Motors Kaithal on 29.06.2014.  It is averred that since then the complainant has been approaching the opposite party time and again to get the above mentioned amount of Rs.10000/- but the opposite party is not giving any heed to the requests of the complainant. It is averred that the act of opposite party is illegal and amounts to deficiency in service. As such it is prayed that opposite party may kindly be directed to pay an amount of Rs.10000/- alongwith interest, compensation and litigation expenses to the complainant.

2.                          On notice opposite party appeared and filed its written reply submitting therein that the complaint is not maintainable and the complainant is not entitled to any relief, as the complainant has not approached the Hon’ble Forum with clean hands. It is averred that no such assurance was given as the car was in ready stock. The complainant had booked Chevrolet Sail UVA car on 01.01.2014 vide receipt No.2195 in the name of Brijesh Kumar with an advance amount of Rs.10000/-. He requested to bill the car and also gave a disclaimer/authority that if he does not pay full and final amount within 20 days, the amount of Rs.10000/- can be forfeited. Customer also gave his consent for billing. The car remained on hold and could not be sold to any other customer for the next couple of months due to which the opposite party had to bear the depreciation for delay occasioned in selling the said car, which was bearing Swastik Mark due to religious ceremony performed by the complainant on the car.  It is averred that no such promise of refund was made as the amount of booking stands forfeited. It is prayed that complaint may kindly be dismissed with costs.

3.                          Both the parties led evidence in support of their case.

4.                          Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, document Ex.C1 and has closed his evidence. On the other hand ld. counsel for the opposite party has tendered affidavit Ex.RW1/A, document Ex.R1 to Ex.R3 and has closed his evidence.

5.                          We have heard ld. counsel for the parties and have gone through the material aspects of the case carefully.

6.                                 In the present case it is not disputed that as per booking form Ex.C1, complainant had booked a Sail LS-ABS car on dated 31.12.2013  and paid an advance money of Rs.10000/- with the opposite party. It is also not disputed that as per complaint and affidavit filed by the complainant the car so booked by the complainant was brand new 2014 manufactured but at the time of delivery of car, it was informed that the booking was accepted for old unsold stock manufactured in 2013 of Sail Hatchback. On the other hand contention of opposite party is that the model which was booked by the complainant was got provided to the complainant but the complainant refused to take the delivery of the same. Hence the opposite party is not liable to refund the booking amount as per the disclaimer certificate Ex.R2.

7.                          After going through the file and hearing the parties it is observed that as per booking form Ex.C1, the model is SAIL LS-ABS whereas as per Estimate Ex.R3 the model is Sail LT ABS. Hence there is variation in the model. Moreover as per the documents placed on record by the opposite party, the year of manufacturing of car is not mentioned. Hence it is not proved on file that the complainant had booked the car manufactured in 2013.  Moreover the document Ex.R2 placed on record by the opposite party is merely a photocopy and is not supported with the affidavit of the customer. Hence cannot be relied upon. In these circumstances it is observed that opposite party is liable to refund the booking amount to the complainant as the opposite party failed to deliver the car as promised by him.                 

8.                          In view of the facts and circumstances of the case it is observed that the opposite party shall refund the booking price of Rs.10000/-(Rupees ten thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 07.05.2015 till it realization and shall also pay a sum of Rs.3500/-(Rupees three thousand five hundred only) as litigation expenses to the complainant within one month from the date of decision failing which the awarded amount shall carry further interest @ 12% p.a. from the date of order. Complaint is allowed accordingly.

9.                          Copy of this order be supplied to both the parties free of costs.      File be consigned to the record room after due compliance.

Announced in open court:

19.08.2016.

                                                          ................................................

                                                          Joginder Kumar Jakhar, President

                                                          ....................................

                                                          Komal Khanna, Member.

                                                                        ……………………………..

                                                                        Ved Pal, Member.