Haryana

Panchkula

CC/370/2019

SUNNY GOYAL. - Complainant(s)

Versus

EM PEE MOTORS LTD. - Opp.Party(s)

JITENDER KUMAR

18 Nov 2022

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

                                                       

 

Consumer Complaint No	:	370 of 2019
Date of Institution	:	28.06.2019
Date of Decision	:	18.11.2022

 

 

Sh. Sunny Goyal, S/o Sh. Raj Kumar Goyal, R/o H.No.757, Sector-40-A, Chandigarh. 

                                                                         ….Complainant

Versus

Em Pee Motors Ltd., Plot No.71, Industrial Area, Phase-1, Panchkula, Haryana-134109

….Opposite Party

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019.

 

Before:              Sh. Satpal, President.

                        Dr. Pawan Kumar Saini, Member

Dr. Sushma Garg, Member

 

 

For the Parties:   None for complainant.  

                        Sh. S.R.Bansal, Advocate for OP.

                         

ORDER

(Satpal, President)

1.             The brief facts of the present complaint are that on 06.06.2019 the OP visited complainant for providing test drive of Crysta Car and after taking test drive, complainant selected the Crysta Diesel Car for purchase and said Virender Manchanda to buy back his old car (Toyota Corola Altis, Model 2010, CHO1AR8802) and adjust the amount in Crysta Diesel Car. On 8.6.2019 complainant visited Opposite Party where Ms.Poonam Sawant checked and verified papers of Toyota Corola Altis Car and his old car buy back amount and an amount  Rs.2,70,000/- will be adjusted in new Crysta car amount which is Rs. 19,08,060/-; hence the full and final amount i.e. Rs.16,38,060/- after adjustment will be paid by the complainant. The OP demanded Rs.40,000/- as advance payment which had been transferred in their bank account on same day and she booked complainant's Crysta Silver Diesel Car vide their Order Booking Form No. 2019 12715 but  on 10.6.2019 Ms.Poonam Sawant from OP called the complainant that he has to make full payment of Crysta Diesel and money will be  refunded within 2 days through NEFT  in his saving account. After several requests, complainant has received money of Rs.39,600/- through bank transfer on 18.6.2019, after deducting Rs.400/-. On enquiring about this deduction, the OP didn't give any satisfactory reply. It is also alleged that the OP backed out of their deal of Rs.16,38,060/- which was finalized by themselves. Due to the act and conduct of OP, the complainant has suffered a great deal of financial loss, mental agony and harassment; hence, the present complaint.

2.             Upon notice OP appeared through counsel and filed written statement raising preliminary objection qua complaint is not maintainable being false and frivolous. It is not a consumer dispute. On merits, it is stated that an amount of Rs.39,600/- through bank transfer, was deposited in the account of the complainant.  It is also stated that in case of any refund of the booking amount then TCS amount has to be deducted as per Law and Rs. 400/- has been deducted as TCS amount. It is further stated that the complainant can make a claim from the Income Tax Department.  So, there is no deficiency in service on the part of the OP and prayed for dismissal of the present complaint.

3.             The evidence of the complainant was closed vide order dated 21.10.2021 of this Commission. On the other hand, the ld. counsel for the OP has tendered affidavit as Annexure R-A along with Annexure R-1 to R-3 and closed the evidence.

4.             We have heard the learned counsel for the OP and gone through the entire record available on file, minutely and carefully.

5.             Evidently, the complainant had booked a new Crysta -Diesel car on 08.06.2019 with OP for its purchase and in this regard, a payment of Rs.40,000/- was credited by the complainant into the account of the OP on 10.06.2019 as per Annexure R-2. As per the averments made in the complaint, an old car of the complainant, namely, Toyota Corola Altis was to be purchased by OP for a sum of Rs.2,70,000/-, which was to be adjusted out of the total purchase price of the new Crysta car amounting to Rs.19,08,060/-. As per contents of the complaint, the OP through Ms. Poonam Sawant backed out from its commitment to purchase the old car of the complainant and accordingly, a sum of Rs.39,600/- was refunded to the complainant.

6.             The main grievance of the complainant is qua the non refund of Rs.400/- to him out of the total paid amount of Rs.40,000/- to OPs.  In the present complaint, the prayer for refund of sum of Rs.400/- has been made along with sum of Rs.10,000/-, Rs.10,000/- & Rs.5,000/-on account of physical harassment, mental agony, deterrent charges and litigations charges respectively.

7.             On the other hand, the OP has justified the deduction of Rs.400/- out of the total sum of Rs.40,000/- on account of TCS i.e. tax collection at source. The learned counsel for OP reiterating the averments made in the written statement contended that the amount of Rs.400/- was rightly deducted by the OP and the same was deposited with Commissioner of Income tax. In this regard, the learned counsel has invited our attention towards Form 27D (Annexure R-3) wherein a sum of Rs.400/- was deposited by OP showing the complainant as collectee.

8.             The complainant is not appearing since 20.08.2019, whereas notice was issued to OP for 02.07.2019. Even no affidavit of the complainant substantiating and corroborating his version is placed on record. As per Form 27D(Annexure R-3), it is evident that a sum of Rs.400/-was deposited by OP as TDS with the Commissioner of Income Tax, Chandigarh. As per (Annexure C-3), the complainant can claim the refund of Rs.400/- from the Income Tax Department by following the laid down procedure. Therefore, we find no deficiency on the part of the OP while deducting a sum of Rs.400/- from the amount of Rs.40,000/-, which was paid by the complainant as booking amount.

9.             In view of the aforesaid discussion, we find no force and substance in the version of the complainant; hence, the complaint of the complainant deserves to be dismissed and accordingly, the same is hereby dismissed with no order as to cost. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.

Announced on:18.11.2022

 

 

 

Dr.Sushma Garg          Dr. Pawan Kumar Saini         Satpal         

            Member                       Member                               President

 

Note: Each and every page of this order has been duly signed by me.

                                               Satpal                                 

      President