Chandigarh

DF-II

CC/686/2022

SUKINDER KUMAR - Complainant(s)

Versus

Integrated HQ of MoD (Army) - Opp.Party(s)

17 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	686/2022
Date of Institution	:	22.09.2022
Date of Decision	:	17.05.2023

 

                     

            

Sukinder Kumar s/o of Shri Atma Ram r/o H.No.1965, Sector 45-B (Burail), Chandigarh

...Complainant

Versus

1.  The Canteen Stores Department through DDGCS, Integrated HQMinistry Defence (Army) Quartermaster General's Branch, Canteen Services Directorate, West Block-III, Wing-III, RK Puram, New Delhi-110066 (email: ddges csdindia.gov.in)

2.  The Unit Run Canteen, Chandimandir, Distt. Panchkula, Haryana through its Incharge (email: afdcellchm@gmail.com)

3. M/s Joshi Automobiles Pvt. Ltd., Plot No.66, Industrial Area, Phase II, Chandigarh through its authorized representative

4.  State Bank of India SCO No. 2915-16, Sector 22-C, Chandigarh through its Manager

…..Opposite Parties.

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
Present:-
	Complainant in person. OPs exparte.

   

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.     The complainant has filed the present complaint pleading therein that he is an ex-serviceman who retired from Indian Navy as AA(W)2/CPO on 31.08.2001. He was issued PPO No.09/97/B/02583/2001 and issued Canteen Smart Card No. GB03060753208600P02 (chip no. 5311512004941334), the purchase limit/value of the said card for AFD (Against Firm Demand) and non-AFD is at par with other JCO ranks viz. MCPO-II and MCPO-I (Master Chief Petty Officer).  He applied for the purchase of car 1-20 Asta through Canteen Stores Department (OP No.1) via their online portal, to be purchased from OP No.3- M/s Joshi Automobiles Pvt. Ltd. Phase-II, Chandigarh by paying advance booking of Rs.11,000 on 05.05.2022 and it took a period of around 3 months to get availability certificate from the dealer i.e. OP No. 3  (Annexure C-2 colly.). While applying for the car, complainant filled all the desired information in the portal and ticked the JCO rank in the entitlement category as he retired as CPO from Navy which is equivalent to the JCO rank and there was no column in the online portal "JCO (pay level 6). The CSD Car Buying Process, 2022, updated and revised clearly states that JCO will be eligible for cars with 1.5 Litre Petrol Cars having ex-showroom price of Rs.10 lakh and smaller 1.2 Litre Engine Cars having ex-showroom price of Rs.9 lakh. The complainant is eligible for purchase of the said car as he retired as CPO which is a JCO rank and the said car falls within the purview of the above mentioned criteria with 1.2 Litre Petrol Car having ex-showroom price of Rs.8.62.314/- which is clearly less than Rs.9 lakh. To meet with the funds for the car, the complainant took a loan of Rs.3 lakh from SBI on 19.07.22 of which two installments are already paid. The remaining amount was paid through RTGS on 21.07.22 to OP No.1. Upon the payment of the entire amount, an email was received by the complainant regarding the acceptance of the demand, processing of the documents and that the issue of the local supply order will take 3 working days.  However, the Online portal revealed that supply order has been released and accordingly the complainant visited the HQ Western Command Chandimandir, Unit Run Canteen to collect the same. But there the complainant was informed that he is not eligible for purchasing this model of the car as he is exceeding the limit of his purchase and at the time of making the application he had to tick against the category 'OR' in the entitlement category which is unsatisfying and humiliating as he retired as JCO and there was no further explanation as to "OR", the said term being wholly vague. It has been averred that anomaly arose because of the rank in the portal of CSD entitlement column. The issue occurred due to CSD portal not being clear and faulty and the fault cannot be attributed to the complainant. Due to this fault in the portal the complainant has suffered huge loss, harassment and mental agony at the hands of OP No.1. Finally he served a  legal notice dated 30.07.2022. He also sent e-mail dated 03.08.2022 to the OPs pointing out that the limit was not adhered in respect of similarly situated persons. He also was sent email dated 14.08.2022 to Opposite Parties regarding an email received from the dealer namely, M/s Joshi Hyundai Chandigarh asking the complainant to provide LS order within 5 days and have given last date as 18.08.2022 and thereafter OP No 3 will sell the car. He also sent e-mail dated 15.08.2022 in respect of subsequent developments in which the CSD Canteen Car Buying Process, 2022 updated wherein he/JCO is eligible for the said 1.2 Litre Engine car having ex-showroom price of less than Rs.9 lakhs and that the entitlement of the complainant is baselessly and unnecessarily questioned. It has further been averred that despite issuance of the legal notice and sending of the further emails, no response was received till date from the opposite. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.
2.     Despite due service through registered post, the OPs failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte.
3.     The complainant filed his affidavit and documents in support of his case.
4.     We have heard the complainant in person and have gone through the documents on record.
5.     The grievance of the complainant is that being eligible, he applied for purchase of a car (i-20 Asta) through OP No.1- Canteen Stores Department via their online portal, to be purchased from OP No.3- M/s Joshi Automobiles Pvt. Ltd. Phase-II, Chandigarh by paying advance booking of Rs.11,000/- on 05.05.2022 and filled up all the desired information in the portal and ticked the JCO rank in the entitlement category as he retired as CPO from Navy which is equivalent to the JCO rank. Despite all this, the local supply order has not been released by HQ Western Command, Chandimandir on the ground that he was exceeding the limit of purchase and at the time of making application, he had not ticked against the category “OR (Pay Level 3A-6).
6.     The complainant has alleged that the rank of CPO is equivalent to the rank of JCO and he is entitled to get the benefits as available to JCO and he is eligible to purchase the car in question but he has failed to place on record any documentary evidence that a person serving on equivalent rank is entitled to the benefits given to JCO. It is a mere presumption of the complainant that an officer of equivalent rank is entitled to the same benefits in the absence of notification to this effect. No such notification has been placed on record by the complainant.
7.     Secondly, the complainant alleged that the issue has occurred due to the faulty CSD portal.  In the summary procedure, it cannot be held that whether the system/portal is faulty or not because it needs elaborate evidence and it is a complex question of fact and law to declare the system/portal faulty. Even otherwise, the complainant has failed to prove on record that the system/portal is faulty.  The complainant has, thus, failed to prove his case qua the OPs.
8.     In view of the above discussion, the present complaint deserves to be dismissed. Accordingly, the same is dismissed leaving the parties to bear their own costs.
9.     The pending application(s) if any, stands disposed of accordingly.
10.     Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 17/05/2023
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (B.M.SHARMA) MEMBER