BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.

Complaint no.73/15.

Date of instt.: 21.04.2015. 

                                                 Date of Decision: 22.01.2016.

Pardeep Singh son of Sh. Gian Singh, resident of Village Bir Bangara, Sub Tehsil Rajound, Distt. Kaithal.

                                                        ……….Complainant.      

                                        Versus

1. Eakansh Motor Pvt. Ltd., KM Stone 76-77, N.H.65, Ambala Road, Kaithal, through its Manager.

2. Maruti Suzuki, Plot No.1, Nansal Mandal Road, Vasant Kung, New Delhi through its M.D.

..……..Opposite Parties.

COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.

Before:           Sh. Jagmal Singh, President.

                        Sh. Rajbir Singh, Member.

     Smt. Harisha Mehta, Member.

Present :        Sh. Krishan Dhull, Advocate for complainant.

Sh. Deepak Seth, Advocate for the opposite party.No.1.

Op No.2 already exparte.

                       ORDER

(JAGMAL SINGH, PRESIDENT).

                       The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that he was in need of vehicle in question as the same was to be gifted in the marriage of niece of complainant solemnized on 15.02.2015, hence, the complainant visited the office of Op No.1 on 21.01.2015 and booked Maruti Car Swift LXI and paid Rs.50,000/- vide receipt No.REC-14004456 dt. 21.01.2015 and the Op assured the complainant that the vehicle in question will be delivered on 10.02.2015 and a separate book order was issued to the complainant on the same day.  It is further alleged that due to urgency, the complainant contacted the Op No.1 on 06.02.2015 and asked for the delivery on or after the fixed date of the vehicle in question but Op No.1 told complainant that the date of delivery of vehicle in question will not be effected on 10.02.2015 and refused to deliver the vehicle in question on or after 10.02.2015, hence, the complainant lodged a complaint on 07.02.2015 at opposite party office toll free No.18001800180 and complaint number of complainant is 2584825900 dt. 07.02.2015.  It is further alleged that despite of complaint made by the complainant to Ops, the Ops failed to deliver the vehicle in question to the complainant on 10.02.2015.  This way, the Ops are deficient in service.  Hence, this complaint is filed.   

2.     Upon notice, the opposite party No.1 appeared before this forum, whereas Op No.2 did not appear and opt to proceed against exparte vide order dt. 05.10.2015.  Op No.1 filed written statement raising preliminary objections with regard to maintainability; cause of action; locus-standi; that the complainant never deposited any such amount with the Op No.1; that as per record of the Op No.1 maintained in due official course of business, Arun C/o Pardeep son of Jaidev, resident of Village Bir Bangra deposited an amount of Rs.50,000/- with the Op No.1 on 21.01.2015; that the complainant has concealed the true and material facts from this Forum.  The true facts are that at the time of booking, it was told by the customer that he is in need of car and wants the delivery by the mid of February, 2015 and it was told by the concerned Sales Executive of the answering Op that they are not committing any promise to fulfill the said demand of the customer, as there was a waiting period of 1-1½ months of the car in question and the said Sales Executive also requested the customer, at that time that he is at liberty to cancel the said booking and the booking amount will be refunded to him but the customer asked the Sales Executive of the answering Op to go ahead and accepted the said commitment of the Sales Executive of the answering Op.  There is no deficiency in service on the part of answering Ops.  On merits, the contents of complaint are denied and so, prayed for dismissal of complaint.    

3.     In support of his case, the complainant tendered in evidence affidavit Ex.CW1/A and documents Ex.C1 to Ex.C7 and closed evidence on 21.12.2015.  On the other hand, the Op No.1 tendered in evidence affidavit Ex.RW1/A and document Mark R1 and closed evidence on 21.12.2015.  

4.     We have heard ld. counsel for both the parties and perused the case file carefully and minutely and have also gone through the evidence led by the parties. 

5.     It is stated by ld. Counsel for the complainant that the marriage of niece of complainant was fixed for 15.02.2015 and the complainant booked a Maruti Swift Desire LXI in the name of Arun C/o complainant which he wanted to gift his niece.  The complainant got booked the above-said vehicle with the Ops on 21.01.2015 and the Ops have booked the same after receipt of Rs.50,000/- in cash and issued a receipt No.REC14004456 dt. 21.05.2015, Ex.C4.  He further stated that the Ops have promised to deliver the said car on 10.02.2015 and a separate book order, Ex.C6 was issued to the complainant on the same day.  Due to urgency, the complainant contacted the Ops on 06.02.2015 regarding delivery of the car but the Ops told that the delivery of the vehicle would not be effected on 10.02.2015 and refused to deliver the same.  He further stated that the complainant purchased another vehicle from Karnal as the same was required in the marriage of his niece.  The complainant placed on file the invitation card of the marriage, Ex.C5 showing the date of marriage of his niece as 15.02.2015.  On the other hand, it is admitted by the Op No.1 that the complainant had booked a car on 21.01.2015 by depositing an amount of Rs.50,000/- but it is alleged by the Op No.1 that the complainant was told by their Sales Executive that they are not committing any promise to fulfill the demand regarding delivery of vehicle in the mid of February, 2015 as there was a waiting list of 1-1½ to 2 months of the car in question.  The Op No.1 further stated that the complainant was at liberty to cancel his booking and the booking amount would have been refunded to him.  The Op No.1 further stated that the customer asked the Sales Executive of the Op No.1 to go ahead and accepted the said commitment of the Sales Executive of the Op No.1.

6.     From the pleadings and evidence available on the file, it is clear that the complainant has got booked Maruti Swift Desire LXI by paying Rs.50,000/- to the Op No.1 vide receipt dt. 21.01.2015, Ex.C4.  From customer docket, Ex.C6, it is clear that the Op No.1 has given tentative delivery date 10.02.2015.  Therefore, the arguments of Op No.1 that there was a waiting of 1-1½ to 2 months has no force as the Op No.1 has himself given the tentative date of delivery as 10.02.2015.  The complainant has stated that the amount of booking has not been refunded by the Op No.1 till now.  From the facts and circumstances, it is clear that neither the car was delivered by the Op No.1 to the complainant nor the amount was refunded, so, the Op is liable to refund the booking amount of the complainant.  Hence, there is deficiency in service on the part of Op No.1. 

7.     Therefore, as a sequel of above discussion, we allow the complaint qua Op No.1 and direct the Op No.1 to refund the booking amount of Rs.50,000/- to the complainant alongwith interest @ 8% p.a. from the date of deposit of booking amount i.e. 21.01.2015 till its payment.  The Op No.1 is also directed to pay Rs.2,000/- (two thousand) as lump sum compensation on account of harassment, mental agony and costs of litigation charges.  Let the order be complied with within 30 days from the date of communication of this order.  A copy of this order be sent to both the parties free of costs.  File be consigned to the record room after due compliance.

Announced.

Dt.22.01.2016.

                                                                (Jagmal Singh),

                                                                President.

                (Harisha Mehta),     (Rajbir Singh),       

                        Member.         Member.