PER MR.B.S.WASEKAR, HON’BLE PRESIDENT

1)                The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986. According to the complainant, he had purchased BMW car from the O.P.No.1 on 9^th January, 2012 for total consideration of Rs.29,18,894/-.  The O.P.No.1 gave quotation for Rs.29,18,894/- as the price of the car including all the costs and charges.  The complainant paid Rs.3 Lakhs to the O.P.No.1 by R.T.G.S. and thereafter Rs.6,38,141/- by cheque.  The complainant availed loan of Rs.23,52,000/- from the O.P.No.2 and the same was transferred by the O.P.No.2 to the O.P.No.1.  Thus, the O.P.No.1 received total consideration of Rs.32,90,141/-.  The O.P.No.1 quoted the price Rs.29,18,894/- after discount. Though the agreed price was Rs.29,18,894/-, amount of Rs.32,90,141/- was received by the O.P.No.1.  Thus, the O.P.No.1 received excess amount of Rs.3,71,247/-.  The O.P.No.1 collected Rs.75,068/- from the complainant towards octroi but actual amount of Rs.70,865/- was paid towards octroi.  Thus, the O.P.No.1 collected excess amount of Rs.4,203/- towards octroi.  The O.P.No.1 collected Rs.2,55,204/- towards registration but amount of Rs.2,25,204/- was paid towards registration charges.  Thus, the O.P.No.1 collected Rs.30,000/- excess.  The O.P.No.1 collected insurance charges Rs.1,14,616/- but actual insurance amount was paid Rs.52,155/-.  Thus, the O.P.No.1 collected excess amount of Rs.62,461/- from the complainant.  The complainant requested the O.P.No.1 to refund the excess amount Rs.4,67,911/-. Notice was issued but there was no compliance.  Therefore, the complainant has filed this complaint for recovery of Rs.4,67,911/- with interest.  He has also claimed compensation of Rs.7 Lakhs towards mental agony and cost of litigation. 

2)                The O.P.No.1 remained absent though duly served therefore, the matter is proceeded exparte against the O.P.No.1.

3)                The O.P.No.2 appeared and filed written statement.  It is submitted that the complainant requested for financial assistance to purchase BMW car.  His request was accepted.  Agreement dated 3^rd January, 2012 was executed in between the complainant and the O.P.No.2.  The O.P.No.2 granted loan of Rs.23,52,000/- to the complainant.  The complainant agreed to repay the loan amount by monthly installment of Rs.65,332/-.  The O.P.No.2 has no concern with the O.P.No.1 and payment to O.P.No.1.  This O.P. has not charges any extra amount.  This O.P. has no concern with extra amount paid to the O.P.No.1.  Therefore, the complaint is not maintainable against this O.P.

4)                After hearing both the parties and after going through the record, following points arise for our consideration.

POINTS

REASONS

5) As to Point No.1 & 2 :- There is no dispute that the on the request of the complainant, the O.P.No.2 sanctioned and disbursed the loan amount of Rs.23,52,000/-.  The complainant has not disputed the loan agreement with the O.P.No.2.  Car was purchased from the O.P.No.1 and consideration amount was paid to the O.P.No.1 and not to the O.P.No.2.  Therefore, apparently, the O.P.No.2 has no concern with excess payment to the O.P.No.1. 

6)                The complainant has produced Proforma Invoice issued by the O.P.No.1 showing the car price of Rs.29,75,135/-.  The O.P.No.1 has also issued bifurcation of the amount showing the discounted price of Rs.29,18,894/-.  According to the complainant, the O.P.No.1 offered the car for discounted price of Rs.29,18,894/-.  He paid Rs.3 Lakhs by R.T.G.S. and Rs.6,38,141/- by cheque to the O.P.No.1.  Thereafter, loan amount of Rs.23,52,000/- was disbursed by the O.P.No.2 in favour of the O.P.No.1.  This fact is not challenged by the O.P.No.1.  The O.P.N.1 was served with notice of complaint but he failed to appear before this Forum.  He had not challenged the contents of the complaint and also the evidence produced by the complainant.  The Proforma Invoice issued by the O.P.No.1 and also the bifurcation of the amount showing the discounted price of Rs.29,18,894/- is produced by the complainant.  This evidence is not challenged by the O.P.No.1.  This evidence is sufficient to show the excess payment of Rs.4,67,911/- to the O.P.No.1.  When the O.P.No.1 agreed to sale the car in discounted price of Rs.29,18,894/-, it should not have received the excess amount.  Therefore, the O.P.No.1 is bound to refund the excess amount of Rs.4,67,911/- to the complainant.  The O.P.No.2 has no concern with this excess payment.

7)                The consideration of the car is Rs.29,18,894/- which exceeds the pecuniary jurisdiction of this Forum.  But, there is no dispute about it.  The opponents have not challenged the agreed price and the actual payment. The claim in the prayer of the complaint is limited to Rs.4,67,911/- with interest and compensation which is within the pecuniary jurisdiction of this Forum.  As discussed above, the O.P.No.1 has received the excess amount of Rs.4,67,911/-. The evidence produced by the complainant is not challenged by the O.P.No.1.  Therefore, the O.P.No.1 is bound to refund it to the complainant.  In spite of several requests, the O.P.No.1 failed to refund the amount thereby the complainant suffered from  mental agony.  The complainant has claimed compensation of Rs.7 Lakhs towards compensation for mental agony.  We think it is excessive claim.  The compensation of Rs.25,000/- will suffice the purpose.  Besides this, the complainant is entitled for the cost of this litigation Rs.10,000/-.  Hence, we proceed to pass the following order.

ORDER

1. Complaint is allowed as against the O.P.No.1.
2. The O.P.No.1 is directed to refund Rs.4,67,911/- (Rs.Four Lakhs Sixty Seven Thousand Nine Hundred Eleven Only) to the complainant with interest at the rate of 9% per annum from the date of filing of the complaint i.e. from 2^nd December, 2014 till realization. 
3. The O.P.No.1 is also directed to pay Rs.25,000/- (Rs.Twenty Five Thousand Only) to the complainant as compensation for mental agony. 
4. The O.P.No.1 is further directed to pay Rs.10,000/- (Rs.Ten Thousand Only) to the complainant as cost of this litigation.
5. Complaint stands dismissed as against the O.P.No.2.  
6. The above order shall be complied with within a period of one month from today.
7. Copies of this order be sent to the parties free of cost.

Pronounced on 13^th October, 2015