DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA CC.No.108 of 05-03-2010 Decided on 14-10-2010
Amandeep minor son of Sh.Naresh Kumar through his real father and natural guardian Sh.Naresh Kumar resident of House No.23351, Gali No.2, Matti Dass Nagar, Bathinda. ......Complainant Versus
Empire Auto Mobiles, H.O. 3029, Guru Kanshi Marg, Bathinda through its Prop./Partner. Honda Motor Cycle & Scooter India (Pvt.) Ltd., Plot No1, Sector-3, IMT Manesar, District Gurgaon (Haryana) 122050, through its Managing Director.
......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President. Dr. Phulinder Preet, Member. Sh. Amarjeet Paul, Member.
Present:- For the Complainant: Sh.Rajdeep Goyal, counsel for the complainant. For Opposite parties: Sh.S.K.Sharma, counsel for opposite parties.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. In brief, the present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 as amended upto date. The complainant booked one Honda Activa DLX of Grey colour after making the payment of Rs.1,000/- vide receipt No.2559 with opposite party No.1 on 29.01.2010. The complainant alleged that the opposite party No.1 promised to give the delivery of the vehicle within one week. The complainant visited many times to opposite party No.1 for enquiring about the delivery of the vehicle. The complainant alleged that the opposite party No.1 had been making false excuses that no stock was available from opposite party No.2. He requested the opposite party No.1 to get the stock register checked but the opposite party No.1 intentionally did not show the stock register and also failed to show the register regarding the receipt of stock of Honda Activa DLX of Grey colour, regarding sale of the same on 26.01.2010 and also requested to provide the seniority list according to the booking of the customers but the opposite party No.1 did not supply the same to the complainant. He further alleged that the opposite party No.1 had been selling the vehicles to the persons who had booked the vehicles after the booking of the complainant, after receiving the huge amount in black and by breaking the seniority. He further alleged that the opposite party No.1 had supplied the Honda Activa to one Puneet Joshi who booked the same on 06.02.2010 i.e. much later to the complainant. Copy of the booking receipt No.2584 dated 06.02.2010 regarding booking by said Puneet Joshi, copy of receipt regarding payment of balance amount dated 19.02.2010, copy of sale certificate, Invoice, copy of Temporary certificate of registration issued to the aforesaid Puneet Joshi and pollution certificate and copy of insurance policy are enclosed alongwith complaint. He further alleged that the opposite parties have adopted unfair trade practice by selling the vehicle to the persons after breaking the seniority by receiving black money which amounts to deficiency in service on the part of opposite parties. Hence, the complainant has filed this complaint and prayed for supplying the Honda Activa DLX of Grey colour to the complainant; Rs.50,000/- as compensation on account of mental harassment and Rs.3,300/- as cost of litigation expenses. 2. The opposite parties took many legal objections, one of the legal objection is that the complaint is pre-mature as the opposite party No.1 is ready and willing to handover the scooter to the complainant which he had booked with opposite party No.1. The opposite party No.1 never promised to give the delivery of the scooter within one week rather the complainant was informed that when Grey colour would available from the opposite party No.1, he would be informed on telephone and the same would be done according to his turn and turn of the complainant for Grey Colour Honda Activa came on 30.03.2010 and the opposite party No.1 informed through telephone as well as through registered letter to the complainant. The opposite parties pleaded that the Honda Activa which was delivered to Puneet Joshi, was of black colour and was supplied to him on his request dated 06.02.2010 as he requested for the black colour. 3. Parties have led their evidence in support of their respective pleadings. 4. We have heard the learned counsel for the parties and perused the record placed on file. 5. Admitted facts of both the parties are that the complainant booked one Honda Activa DLX of Grey colour after paying Rs.1,000/- on 29.01.2010 vide booking receipt No.2559 with opposite party No.1. The learned counsel for the complainant has submitted that the opposite party No.1 has not given the delivery of the vehicle to the complainant rather the opposite party No.1 has given the delivery of the vehicle to one Puneet Joshi who had booked the vehicle after the booking of the complainant. To support his version, the complainant has placed on file Ex.C-4 receipt of Rs.1,000/-, Ex.C-5 dated 19.02.2010 receipt No.2961 for Rs.45,150/- paid by Puneet Joshi for his vehicle and Ex.C-6 to Ex.C-10 are the documents related to Puneet Joshi. 6. The learned counsel for opposite parties has submitted that they have not promised to the complainant to give the delivery of vehicle within one week as it was subject to the delivery of stock from the opposite party No.2. The opposite parties sent letter vide Ex.R-1 and Ex.R-3 to the complainant. The learned counsel for opposite parties further submitted that no grey colour scooter was delivered to anyone before the complainant, the scooter delivered to one Puneet Joshi was of black colour. Hence, they have not broken the seniority or has taken black money from any of the customers to deliver the Honda Activa. The opposite parties sent a letter dated 19.03.2010 Ex.R-3 to the complainant which is reproduced as under:- “We are highly thankful & appreciate your decision to purchase Honda Activa DLX in grey colour accordingly you have booked Honda Activa on 26.01.2010 after depositing booking amount of Rs.1000/- vide receipt No.2551 with us. We are extremely sorry for not delivering desired Honda Activa due to some unforeseen circumstances. We are expecting to receive your desired Honda Activa in the 4th week of this month as and when we receive from the company we will intimate well in time for the delivery of the same. Again we feel sorry for the inconvenience cause to you.” A perusal of letter dated 31.03.2010 Ex.R-1 reveals that:- “We are pleased to invite you to take the delivery of Honda Activa DLX in grey colour against your booking vide receipt No.2551 dated 26.01.2010. Now your vehicle is ready for delivery. Again we are humbly requesting to take the delivery of Honda Activa DLX in grey colour as earlier as possible to avoid abnormal delay also in the interest of justice to the following customer in waiting.” 7. The complainant in his complaint as well as in his affidavit has mentioned that he wanted to purchase Honda Activa DLX in grey colour which was not available with opposite party No.1, so he booked the same after paying Rs.1,000/-. He has deposed in his affidavit that the opposite parties have never requested the complainant to take delivery as alleged in reply as well as in letter dated 15.03.2010. A letter dated 15.03.2010 was sent to the complainant after filing the present complaint. He is relying upon the evidence led by him pretaining to one Puneet Joshi. The case of the Puneet Joshi is altogether different as he has opted for Honda Activa (Black) which was available with the opposite parties at the time of purchase whereas Honda Activa DLX in grey colour was not available with the opposite party No.1 and stock was to be delivered from the opposite party No.2 i.e. manufacturer. Moreover, there is no evidence placed on file to show that the opposite parties have promised to handover the delivery of the vehicle within one week. Hence, there is no unfair trade practice or deficiency in service on the part of the opposite parties. Therefore, this complaint is dismissed without any order as to cost. 8. A copy of this order be sent to the parties concerned free of cost and file be consigned for record. '
Pronounced in open Forum (Vikramjit Kaur Soni) 14.10.2010 President
(Dr. Phulinder Preet) Member
(Amarjeet Paul) Member | 
