Delhi

East Delhi

CC/124/2017

K.G. KOCHER - Complainant(s)

Versus

CROSS ROAD INDIA - Opp.Party(s)

12 Sep 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 124/17

 

Smt. K.G. Kocher

R/o Flat No. 06, Shubham Apartment

37, I.P. Extension, Delhi – 110 092                              ….Complainant

 

Vs.    

 

    M/s. Cross Roads India Assistance Pvt. Ltd.

(Through Mr. Harish Lakheria, M.D.)

X-1, Okhla Industrial Area Phase-II

New Delhi – 110 020                                                        …Opponent

 

Date of Institution: 22.03.2017

Judgement Reserved on: 12.09.2018

Judgement Passed on: 17.09.2018

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

            This complaint has been filed by Shri K.G. Kocher against            M/s. Cross Roads India Assistance Pvt. Ltd. (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that the complainant booked the services of M/s. Cross Roads India Assistance Pvt. Ltd. (OP) for his car bearing registration no. D1-7C-E 5692 by paying an amount of Rs. 2,500/- vide cheque no. 787595 dated 29.12.2016 and receipt no. 32167 dated 29.12.2016 was issued for the same by Shri Shekhar Sharma, representative of OP at his residence.  It was assured that the service of the car will be done as soon as the cheque was cleared. 

            It was stated that after clearing the cheque on 09.01.2017, the complainant made a telephone call to OP for service of car.  As informed, the complainant contacted at customer care centre and was given the date for service on 23.01.2017 at 3.30 p.m., but no one turned up till 4 p.m.  On contacting, the complainant was given another date i.e 10.02.2017.  For asking confirmation, he was told that the same will be confirmed on 09.02.2017.  On 09.02.2017, he was informed that the service could not be done on 10.02.2017 as their service van was out of order and given another date i.e. 27.02.2017.

            Since date after date was being given, the complainant asked for refund and was told to send a request for refund of money.  He sent several emails dated 09.02.2017, 12.02.2017 and 18.02.2017, but no reply was received.

            Aggrieved by the attitude of OP, legal notice was sent on 27.02.2017 which was neither replied nor complied.  Hence, the complainant has prayed for refund of Rs. 2,500/- alongwith 24% interest; Rs. 5,000/- compensation on account of inconvenience/ harassment and Rs. 1,500/- towards litigation expenses.

3.         Notice was issued to OP.  Counsel for OP appeared but did not file the written statement inspite of opportunities.  Hence, their right to file the written statement closed. 

4.         In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  He has exhibited the documents such as copy of receipt bearing no. 32167 dated 29.12.2016 (Annex.C-1), copies of email sent by the complainant (Annex.C-2), copy of legal notice dated 27.02.2017 (Annex.C-3) and copy of bill no. 125 dated 10.03.2017 for service of car from M/s. Mohan & Sons Painting Works.       

5.         We have heard the complainant and have perused the material placed on record. From the documents placed on record such as invoice/receipt no. 32167 of dated 29.12.2016, it is evident that complainant have service contract with M/s. Cross Roads India Assistance Pvt. Ltd. (OP) for his vehicle no. D1-7C-E 5692, which was valid for 6 service or one year from the date of issue, whichever was early.             

            From his testimony coupled with emails, sent by him from time to time, it comes out that complainant could not get service, though; he has have a service contract.  The fact that his testimony has gone   un-rebutted, the allegations contained in the complaint have to be accepted.  When    M/s. Cross Roads India Assistance Pvt. Ltd. (OP) have not acted as per the service contract, certainly, they have been deficient in their service.  When they have been deficient in their service, the complainant have suffered mental pain and suffering for which he has to be compensated.

            Therefore, it is ordered that M/s. Cross Roads India Assistance Pvt. Ltd. (OP) shall pay lump sum amount of Rs. 5,000/- to the complainant. 

            This order be complied within a period of 45 days from the date of order.  If not complied, the amount of Rs. 5,000/- shall carry 9% interest from the date of order till realization. 

            Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member    

 

            (SUKHDEV SINGH)

                   President