DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, LUCKNOW

CASE No.577 of 2014

       Sri Sandeep Gautam, aged about 33 yrs.,

       S/o Sri Ram Nath Praveen,

       R/o A-1/50, Sector L, LDA Colony,

       Aashiyana, Lucknow.

                                                                    ……Complainant

Versus

        M/s Beeaar Hundai,

                            C/o M/s Premier Car Sales Ltd.,

                  9, Shahnajaf Road, Lucknow.

                  Through its Director.

                                                                                 .......Opp. Party

Present:-

Sri Vijai Varma, President.

Sri Rajarshi Shukla, Member.

JUDGMENT

This complaint is filed by the Complainant against the OP for directing the OP to issue the invoice for the balance amount of Rs.32,552.00 or refund the above amount with interest and for payment of Rs.25,000.00 as compensation.

          The case in brief of the Complainant is that the Complainant has purchased a Hundai Car from the showroom of OP by paying Rs.2,00,000.00 through cheque dated 31.03.2014, Rs.95,000.00 through cheque dated 20.04.2014 and Rs.3,00,000.00. Thus, a sum of Rs.5,95,000.00 was paid by the Complainant against the purchase of the car. Against the payment of Rs.5,95,000.00 the OP issued invoice dated 21.04.2014 for Rs.5,10,895.00, receipt of transport department for registration of vehicle Rs.36,063.00 and receipt for vehicle insurance for Rs.15,489.00, hence the OP issued the documents for Rs.5,62,488.00 against the payment of Rs.5,95,000.00 and has not issued any receipt/invoice for the balance amount of Rs.32,553.00. Since from the date of issue

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of the above receipts/invoice issued by the OP, the Complainant regularly and repeatedly requested for issue of the invoice for the balance amount of Rs.32,553.00 but the OP failed to issue the same. The Complainant has availed the car loan from SBI Finance and has to submit the receipt/invoice for the amount of loan for proper justification of the financer. The OP has failed to provide the receipts in spite of the regular and repeated requests of the Complainant which is the deficiency in service on the part of the OP, hence this complaint.

          Notice was issued to the OP but despite time taken no WS filed, hence the case proceeded exparte against OP vide orders passed on 30.07.2015.

          The Complainant has filed his affidavit and 9 annexures with the complaint.

          Heard Counsel for the Complainant and perused the entire record.

In this case, the Complainant had purchased a car from the OP by paying a sum of Rs.5,95,000.00 but the OP issued receipt/invoice for a sum of Rs.5,62,488.00 only and did not issue any receipt/invoice for the balance amount of Rs.32,553.00. The OP has not been able to justify the charging of Rs.5,95,000.00 and has charged Rs.32,553.00 in excess, therefore the OP is bound to refund the amount of Rs.32,553.00 with interest.

          The Complainant has filed a receipt of Rs.2,00,000.00 payment made through cheque No.491778 dated 31.03.2014 and receipt of Rs.95,000.00 payment made through cheque No.491782 dated 20.04.2014 and payment of Rs.3,00,000.00 as is evident from the copy of the statement of SBI a/c No.33791241746, thus the total amount of Rs.5,95,000.00 was paid by the Complainant against the purchase of car as is evident from the aforesaid receipts annexure 1, 2 and 3. The Complainant has also filed sale invoice annexure 4 which

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shows payment of Rs.5,10,895.00 for the purchase of a car and RTO receipt of Rs.36,063.00 annexure 5, insurance receipt annexure 6 of Rs.15,489.00. Thus, the OP has provided receipts for Rs.5,10,895.00 annexure 4, Rs.36,063.00 annexure 5 and Rs.15,489.00 annexure 6 totalling Rs.5,62,447.00 as against the total payment of Rs.5,95,000.00. Thus, for the balance amount of Rs.32,553.00 no justification/receipt was given by the OP despite Complainant requesting for issuing the receipt of Rs.32,553.00. The notice was issued to OP but they did not care to come before the Forum or file any WS or any counter affidavit, therefore there is no reason to disbelieve the unchallenged testimony of the Complainant. From the evidence on record, it is clear that the Complainant had paid Rs.5,95,000.00 for the purchase of the car whereas the justification for receipt of Rs.5,62,447.00 was given and no justification for Rs.32,553.00 was given nor the amount refunded to the Complainant when it was demanded by the Complainant, therefore the OP has committed deficiency in service in not refunding this amount to the Complainant, therefore the Complainant is entitled to get this amount with interest. The Complainant appears to have also been harassed in this regard, hence he is entitled to get compensation as well as cost of the litigation.

ORDER

          The complaint is partly allowed. The OP is directed to refund Rs.32,553.00 (Rupees Thirty Two Thousand Five Hundred Fifty Three Only) with 9% interest from the date of filing of the case till the final payment is made to the Complainant.

          The OP is also directed to pay Rs.3,000.00 (Rupees Three Thousand Only) as compensation and Rs.2,000.00 (Rupees Two Thousand Only) as cost of the litigation to the Complainant.

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The compliance of the order is to be made within a month.

          (Rajarshi Shukla)                              (Vijai Varma)

                 Member                                              President    

Dated:  21   November, 2015