DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 667/2014
No. __________________ Dated : ____________________
IN THE MATTER OF:
DHAWAL MONGA S/o SH. VINOD MONGA,
R/O C-76, FARMER’S APARTMENTS,
SECTOR-13, ROHINI,
DELHI-110085. …COMPLAINANT
,
VERSUS
M/s HIMGIRI CARS PVT. LTD.,
(THROUGH ITS GENERAL MANAGER),
B-99, WAZIR PUR INDL. AREA,
NEW DELHI-110052. …OPPOSITE PARTY
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMAD, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 02.06.2014
Date of Decision: 01.03.2018
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OPs under Section 12 of the Consumer Protection Act, 1986 therebyalleging that the complainant intended to purchase a Car I-10
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(Grand) from OP and called a representative from the said company and one Mr. Mohit claiming to be a representative of OP approached the complainant on 21.12.2013 and assured the complainant that he will provide all possible help to the complainant for purchasing the desired car and believing his assurances the complainant gave him all relevant papers, ID, residence proof, two photographs, copy of bank account statement and also a cheque no. 881763 dated 21.12.2013 for a sum of Rs.10,000/- drawn on Punjab National Bank, Rani Bagh, New Delhi. The complainant further alleged that OP is solely and squarely liable for the acts of its sub-ordinates and agents, sent in response to the telephone call made by the complainant to OP and the next day being Sunday, the complainant kept on waiting him for the whole day on Monday i.e. 23.12.2013but said Mohit did not turn up as per his assurances to bring the receipt of the amount and also booking of the car. The complainant further alleged that the complainant rang to OP but OP assured that OP will be sending the receipt in one day or two and having been cheated by OP the complainant sent a legal notice dated 20.01.2014 which was served on OP but to no avail and since then till date neither OP sent the receipt of the amount nor the IDs nor any intimation of booking of the car and the complainant alleged
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that there is a deficiency in service and unfair trade practice on the part of OP.
2. On these allegations the complainant has filed the complaint praying for direction to OP to refund the amount of Rs.10,000/- alongwith interest @ 24% p.a. as well as compensation of Rs.50,000/- for causing mental pain, agony frustration, monetary, wastage of time, conveyance etc. and Rs.1,00,000/- towards loss of goodwill, reputation and social loss of reputation against OP with costs of the present proceedings.
3. OP has been contesting the case and filed written statement and submitted that the complaint is based on false and frivolous facts and is filed on false grounds as well as with ulterior motives and thus the complaint is liable to be dismissed. OP further submitted that the complainant opted not to purchase the car after booking and asked his amount Rs.10,000/- back and same was returned to the complainant vide cheque no. 001467 dated 06.01.2014 and it was cleared on 30.01.2014 from the account of OP.
4. The complainant filed rejoinder to written statement of OP and denied the contentions of OP.The complainant submitted that the OP in order to conceal fraud committed by OP on the complainant, the representative of the OP deposited the amount of Rs.10,000/- in the account of the complainant in a clandestine manner and the
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complainant came to know of this act of OP subsequently and the OP has adopted clever tactics to nullify the complaint and the complainant immediately after coming to know about the mischief closed his bank account under the fear that the amount can be withdrawn without any notice to the complainant and the cheque was directly dropped in the drop box of the bank.
5. In order to prove his case the complainant filed his evidence by way of affidavit and also filed written arguments. The complainant also filed copy of legal notice dated 21.01.2014 sent by the complainant through his counsel to OP by Regd. A.D./Courier and copies of courier receipts.
6. On the other hand on behalf of OP Sh. B.K. Sharma, DGM (Legal & I.R.) of OP filed evidence by way of affidavit. OP also placed on record copy of bank statement of account of OP issued by HDFC Bank Ltd. OP also filed written arguments.
7. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The complainant has failed to prove the fact as to on which date he closed the bank account. The complainant also failed to place on record copy of bank statement of account to prove that the cheque was deposited by OP in a clandestine manner. Suppression and concealment by the complainant of his bank account statement
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goes against the complainant. Moreover, the complainant has failed to specifically allege and prove the fact as to on which date he closed the bank account. Thus, we are of opinion that the complainant has failed to prove his case by way of any cogent evidence and there is no merits in the complaint. The complaint is accordingly dismissed.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.
Announced on this 1stday of March, 2018.
BARIQ AHMAD USHA KHANNA M.K.GUPTA
(MEMBER) (MENBER) (PRESIDENT)
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