Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 448.
Instituted on : 04.12.2014.
Decided on : 20.05.2016.
Naveen Arya s/o Sh. Subhash Arya r/o H.No.1540, Sector 2, Rohtak.
………..Complainant.
Vs.
Badhwar Cars Pvt. Ltd. Near CSD Canteen, Sonepat Road Rohtak through its Manager/Incharge.
……….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.R.N.Saini, Advocate for 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 deposited an amount of Rs.50000/- with the opposite party on 13.10.2014 vide receipt No.7092. It is averred that it was assured by the opposite party that the car will be supplied within a week period but lateron the opposite party showed its inability to deliver the car and when the complainant demanded back his money the opposite party issued a cheue of Rs.25000/- dated 29.10.2014 and the remaining amount of Rs.25000/- has not yet been paid by the opposite party insptie of repeated requests and demands made by the complainant and the same has been withheld by the opposite party without any reason. It is averred that the act of opposite party is illegal and amounts to deficiency in service. As such it is prayed that the opposite party may kindly be directed to pay the remaining amount of Rs.25000/- alongwith interest, compensation and litigation expenses to the complainant.
2. On notice opposite party appeared and filed its written reply submitting therein that no such assurance of supply of car within a week was given to the complainant but the complainant changes his mind and cancelled the booking and has already received his full refund of Rs.50000/-. Complainant was paid cash refund of Rs.10000/- on 28.10.2014, cash refund of Rs.15000/- on 29.10.2014 and refund of Rs.25000/- through cheque no.004349 on 29.10.2014. The payments have been made against vouchers duly signed by the complainant. The complainant was insisting on receiving entire refund in cash but as the case was not available in company on 29.10.2014 hence Rs.15000/- was paid in cash and a cheque of Rs.25000/- was issued to the complainant which the complainant has already encashed. It is averred that no such amount of Rs.25000/- is remaining towards the opposite party. All the other contents of the complaint were stated to be wrong and denied. Opposite party prayed for dismissal of complaint with costs.
3. Both the parties led evidence in support of their case.
4. Complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C2 and has closed his evidence. On the other hand ld. Counsel for the opposite party has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R3 and has closed his evidence.
5. We have heard learned counsel for the parties and have gone through the material aspects of the case carefully.
6. In the present case the grievance of the complainant is that he had deposited the amount of Rs.50000/- towards booking of car which was to be supplied within a week by the opposite party but as the opposite party showed its inability to deliver the car hence the complainant demanded back his money but the opposite party has only refunded the amount of Rs.25000/- and has withheld the remaining amount of Rs.25000/-. To prove his case complainant has placed on record copy of receipt Ex.C1 amounting to Rs.50000/- and copy of cheque Ex.C2 amounting to Rs.25000/-. On the other hand contention of ld. counsel for the opposite party is that the out of the total amount of Rs.50000, Rs.25000/- were refunded in cash and Rs.25000/- through cheque to the complainant. Hence the entire amount has been refunded to the complainant and now nothing has been remaining towards the opposite party. To prove his contention, opposite party has placed on record copy of vouchers Ex.R1 to Ex.R3 amounting to Rs.10000/-, Rs.15000/- and Rs.25000/- respectively which are duly signed by the complainant.
7. After going through the file and hearing the parties it is observed that from the documents placed on record by the opposite party it is proved that the opposite party has refunded the total amount of Rs.50000/- to the complainant and now nothing is remaining towards the opposite party. As such present complaint stands dismissed with no order as to costs.
8. 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:
20.05.2016. ................................................
Joginder Kumar Jakhar, President
..........................................
Komal Khanna, Member.
…………………………………..
Ved Pal, Member.
