Punjab

Patiala

CC/14/310

Jatinder Kumar - Complainant(s)

Versus

Goyal Auto Mobiles - Opp.Party(s)

Sh Jatinder Singh

23 Jan 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.

Complaint No. CC/14/310 of 05/11/2014

Decided on 23/01/2015

 

Jatinder Kumar aged 40 years son of Shri Nasib Chand, resident of # 31, 
Anand Nagar-A, Extension, Tripuri, Patiala. ….Complainant.

Versus

Goyal Automobiles, Aashirwad Complex, Village Chamarheri, Rajpura road, Bahadurgarh, Tehsil and District Patiala, through its General Manager, authorized dealer of Hyundai Motor vehicles.

….Opposite party.

Complaint under Sections 11 to 14 of the

Consumer Protection Act.

 

QUORUM

Sh. D. R. Arora, President Smt. Neelam Gupta, Member

Present:

For Complainant : Sh. Jatinder Singh Adv.

For Opposite party : ex-parte.

ORDER

NEELAM GUPTA, MEMBER:

1. The complainant with the intention to purchase I-20 Elite Motor car approached OP and booked the said car by paying Rs.20,000/- as booking money vide receipt no.877 dt. 13/08/2014. After some days, due to some domestic problem, the complainant changed his plan and accordingly he approached OP and requested it for the cancellation of the booking of I-20 Elite car by filling an application to OP on 25/09/2014. After receipt of the application of the complainant, the complainant was told to surrender the original booking slip and also to complete the necessary formalities to get the booking cancelled. The complainant approached the OP personally and surrendered the original booking receipt and also completed the necessary formalities and OP told the complainant that his booking amount would be released very soon but to the utter surprise of the complainant the same was not released till the filling of the complaint. It is further averred that the complainant visited OP several times for the release of the booking amount but to no use.

2. On 18/09/2014, the complainant served a legal notice upon the OP sent through regd. post but to no effect. Rather OP gave a vague reply to the notice. Ultimately the complainant approached this forum u/s 12 of the Consumer Protection Act 1986 ( for short the Act).

3. On notice, OP failed to appear despite service and was thus proceeded against ex-parte.

4. In support of his complaint, the complainant produced in evidence Ex.CA his sworn affidavit along with documents Ex.C-1 to Ex.C-5 and his counsel closed the evidence.

5. The complainant filed the written arguments. We have gone through the same, heard the ld. counsel for the complainant and gone through the evidence placed on record.

6. Ex.C-3 is the copy of the receipt for Rs.20,000/- deposited by the complainant with OP for the booking of I-20 Elite Motor Car on 13/08/2014. Ex.C-4 is the copy of the application written by the complainant to OP for cancellation of the booking of the said car and making a request for the refund of Rs.20,000/- i.e. the booking amount and he also sent the original copy of the booking receipt to OP along with the application but the OP failed to refund the said amount. On 18/09/2014 the complainant served a legal notice upon OP vide Ex.C-1. Ex.C-2 dt. 22/09/14 is the reply to legal notice where under the OP instructed the complainant to deposit the original booking receipt with OP and Ex.C-4 is the application dt.25/09/2014, whereby the complainant had sent the original receipt of the booking amount to OP and also requested it to cancel the booking and refund the amount of Rs.20,000/- but the OP kept on lingering on the matter on one pretext or the other which amounted to deficiency in service as well as unfair trade practice on its part.

7. In view of the aforesaid discussion, we accept the complaint with a direction to OP to refund the amount of Rs.20,000/- along with interest @ 9% per annum from the date of the application for cancellation of booking i.e. 25.09.2014 till its realization. OP is also obliged to pay a sum of Rs.3000/- by way of compensation for the harassment undergone by the complainant which is inclusive of the cost of litigation. Order be complied within a period of one month of the receipt of the certified copy of the order.

Pronounced

Dated: 23/01/2015.

D. R. Arora Neelam Gupta

President Member