Present :           Sri Sankar Nath Das, President.

                        Smt. Sharmi Basu, Member

Order No.    17   Dated  17/01/2013.

Smt. Sharmi Basu, Member

                In a nutshell, the case of the complainant is that the complainant was interested to purchase a Maruti car for the purpose of use of the said car for his self employment as well as for livelihood his family members and as such being interested by the advertisement published in the news-paper, the complainant visited the show room of o.ps. on 30.10.08. and made an advance booking amounting to Rs.10,000/- on that date for purchasing a Maruti Wagon-R-(LXI) and on that date o.ps. advised to come on 1.11.08 for detail information regarding the cost of the car and accordingly complainant visited on 1.11.08 when the representative of o.ps. namely Subhadip Chatterjee made a quotation that on road, price of the Maruti Wagon-R (LXI), Euro-III, car is of Rs.3,94,293/- along with the following head of account;-

a) Ex-show room price                       Rs.3,50,863.00

b) Road Tax + Registration charge    Rs.   30,250.00

c) Insurance                                        Rs.   10,790.00

d) Extended Warranty                        Rs.      1890.00

e) Hypothecation Charges                  Rs.        500.00

                                         Total          Rs.3,94,293.00

                                        Discount     Rs.   29,000.00

                                   On Road price Rs.3,65,293.00

                Being satisfied with the quotation raised by the aforesaid representative on 24.11.08., the complainant finally visited to o.ps. for booking of the said car but the said Subhadip Chatterjee was not attended to the complainant and one Sampat Mondal was attended the complainant when the quotation was raised on  that date was as follows:

a) Ex-show room price                      Rs.3,50,863.00

b) Road Tax + Registration charges  Rs.   30,250.00

c) Insurance                                        Rs.   10,790.00

d) Hypothecation Charges                  Rs.        500.00

e) Extended Warranty                        Rs.      1890.00

                                         Total          Rs.3,94,4489.00

                                        Discount     Rs.   21,000.00

                                   On Road price Rs.3,73,448.00

                The complainant paid the amount of Rs.33,448/- to o.ps. on 26.11.08 for purchasing the aforesaid car and arranged for bank loan  for the rest of the amount of Rs.3,30,000/- as per quotation raised by o.ps. on 24.11.08 and finally State Bank of India sanctioned the loan amount of Rs.3,30,000/- in favour of the complainant as per application for sanction of loan  made by the complainant and lastly o.ps. after receiving entire amount of Rs.3,73,448/- delivered the said car being model no.Maruti Wagon-R (LXI) to the complainant along with the gift of accessories of the car for the amount of Rs.6000/- as free gift declared by o.ps. and the accessories are (a) Mud Guard Flap, (b) Wheel cover, (c) Under coating 5 years, and (d) Internal panel protection as per the list dt.26.11.08 but since the value of the gifted accessories provided by o.ps. becomes Rs.6199/- for which  the o.ps. demanded the amount of Rs.199/- and the complainant duly paid the said amount to o.ps. and took delivery of the car from o.ps. As per the complainant the complainant was liable to pay the amount of Rs.3,68,558/- to the o.p.s towards on road price of the car but instead of the o.ps received the amount of Rs.3,73,448/- from the complainant on the following heads –

a)       Payment made on 30.10.08 (as advanced)                           Rs.10,000.00

b)       Payment made on 26.11.08                                                      Rs.33,448.00

c)       SBI, RACPC, Kolkata Loan Amount                                         Rs. 3,30,000.00

                                                  Total payment made                        Rs.3,73,448.00

                                                Net Payment required                        Rs.3,68,558.00

             Excess payment claimed and received by the O.P.                        Rs.4890.00          

             The complainant requested the ops to pay back the excess payment of Rs.4890/- but they did not pay heed to the request of the complainant.  Moreover, the o.ps. all along raised and received the amount of Rs.1890/- from the complainant as the charge for providing extended warranty of the car after expiry of two years from the date of purchase since the concerned manufacturer provided warranty of two years from the date of purchase but o.ps. though received the amount of Rs.1890/- from the complainant for providing extended warranty but failed and neglected to provide any documents to the complainant in respect of the extended warranty though the complainant time to time visited to o.ps. for providing the same but ultimately o.ps. refused to do the same and as such, the complainant was having no other alternative made written request to o.ps. through letter dt.31.5.10.and thereafter, instead of repeated attempts of the complainant and running from pillar to post, the consumer dispute has not been redressed and the complainant has no alternative but to file the instant case.

                O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. O.ps. have interalia stated that instant case is not maintainable for non-joinder of parties i.e. non joinder of manufacturer as o.p. and also challenged the authenticity of some documents filed by the complainant.

Decision with reasons:

                We have gone through the pleadings of the parties, evidence and documents in particular and it is observed that admittedly complainant purchased a four-wheeler from o.p. company and it is crystal clear that though o.ps. have committed to give discount  and complainant was liable to pay Rs.3,68,558/- but actually o.ps. received Rs.3,73,448/- and thus o.ps have received unlawfully excess amount of Rs.4,890/- and ops are duty bound to pay back the aforesaid amount. Ld. councel for o.ps. has raised  the point of authenticity of the documents but utterly failed to substantiate the same. It is settle principal of law that mere denial is no denial unless it is rebutted by cozen evidence Moreover, though the ops have received Rs.1890/- towards extended warranty from the complainant but neglected and failed to serve the same to the complainant.   

                Therefore, we are of the opinion that the o.ps. being service provider have committed deficiency in service towards their complainant / consumer and the complainant is entitled for relief as prayed for in part and it is also beyond doubt that complainant has to suffer tremendous mental agony and harassment due to the aforesaid deficiency in service of atek ops. and ops are liable to compensate the complainant for the same.  

                Hence, ordered,

                That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to refund difference money of Rs.(3,73,448 – 3,68,558)/- = Rs.4,890/- (Rupees four thousand eight hundred ninety) only and Rs.1890/- (Rupees one thousand eight hundred ninety) only and are further directed to pay compensation of Rs.15,000/- (Rupees fifteen thousand) only for harassment and mental agony of the complainant due to deficiency in service of the complainant and also to pay litigation cost of Rs.4000/- (Rupees four thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.

                Complainant is at liberty to file Execution Case before this Forum if the above order shall not be complied by the ops within the stipulated period. 

                Supply certified copy of this order to the parties free of cost.