Complaint No: 171 of 2022.
Date of Institution: 09.08.2022.
Date of order: 01.09.2023.
Jaspal Singh aged about 50 years Son of Daulat Singh R/o Village Nawan Pind, P.O Kahnuwan, Tehsil and District Gurdaspur.
…..Complainant.
VERSUS
- J.S. Grover Autos Pvt. Ltd. Dalhousie Road, Pathankot through its Prop/Partner/authorized signatory. Pincode - 145001
- J.S. Grover Autos Pvt. Ltd. Showroom Batala Road Babri, Tehsil and District Gurdaspur, through its Manager/authorized signatory. Pincode-143520
…..Opposite Parties.
Complaint Under section 35 of the Consumer Protection Act.
Present: For the complainant: Sh.S.S.Saini and Sh.Ashwani Kumar, Pandori, Advocate.
Opposite parties: Exparte.
Quorum: Sh.Lalit Mohan Dogra President, Sh.Bhagwan Singh Matharu, Member.
ORDER
Lalit Mohan Dogra, President.
Jaspal Singh, Complainant (here-in-after referred to as complainant) has filed this complaint under section 35 of the Consumer Protection Act, (here-in-after referred to as 'Act') against J.S. Grover Autos Pvt. Ltd. etc. (here-in-after referred to as 'opposite parties).
2. Briefly stated, the case of the complainant is that the complainant booked Car Model XUV 30C W6 with the opposite parties through their branch Batala Road Babri District Gurdaspur on 21.01.2022. The total price of the above mentioned vehicle told to the complainant was Rs.11,48,504/- and the complainant paid Rs.11,000/- as advance to the opposite parties vide receipt No.27701 dated 21.01.2022. It is further pleaded that at the time of booking it was assured to the complainant that the vehicle so booked will be delivered within one month. The complainant who is an Ex-serviceman has also raised loan for making payment of the vehicle so booked from Punjab & Sind Bank against his pension and even the complainant has deposited one loan installment of Rs.13,803/- to the bank and payment of remaining loan installment is due. It is further pleaded that the complainant is making payment of loan amount to the bank and a period of about 6 months has elapsed, but till today the vehicle so booked by the complainant has not been delivered, despite the fact that the complainant is approaching the opposite parties time and again and requesting for delivery of vehicle, but the opposite parties always put the complainant with one pretext or the other. It is further pleaded that due to non-delivery of vehicle within stipulated period, the complainant had suffered physically, mentally, as well as financially for no fault on his part. It is further alleged that there is a clear cut deficiency, negligence and unfair trade practice on the part of the opposite parties, who have failed to deliver the vehicle of complainant within stipulated period. It is further pleaded that as such now the complainant does not want to purchase the vehicle from the opposite parties and the complainant approached the opposite parties and requested them to refund his above mentioned amount and also pay damages to him, but the opposite parties put the plaintiff with one or the other excuse and did not pay any heed to requests of the complainant and due to this illegal act and conduct of the opposite parties, the complainant has suffered great loss and also suffered mental agony and physical harassment and inconvenience and there is a clear cut deficiency in service on the part of the opposite parties.
On this backdrop of facts, the complainant has alleged deficiency in service, negligence and unfair trade practice on the part of the opposite parties and prayed that the necessary directions may kindly be issued to the opposite parties to cancel booking of the complainant and to refund amount of Rs.11,000/ - paid by him to the opposite parties as advance and also to make payment of Rs.1,00,000/ as compensation along with interest @ 18% P.A. from the date of booking till actual realization and Litigation expenses to the tune of Rs.10,000/- may also be awarded in favor of the complainant in the interest of justice.
3. Opposite parties did not appear and despite the service of notice and was proceeded against exparte wide order date 19.01.2023.
4. Learned counsel for the complainant has tendered into evidence affidavit of Jaspal Singh, (Complainant) as Ex.CW-1/A along with other documents as Ex.C-1 to Ex.C-7.
5. Written arguments not filed by the complainant.
6. Counsel for the complainant has argued that the complainant booked Car Model XUV 30C W6 with the opposite parties through their branch Batala Road Babri District Gurdaspur on 21.01.2022 which is evident from receipt Ex.C-1. The total price of the above mentioned vehicle told to the complainant was Rs.11,48,504/- as per performa invoice Ex C-7. It is further argued that the complainant had paid Rs.11,000/- as advance to the opposite parties vide receipt No.27701 dated 21.01.2022 Ex.C-1. It is further argued that at the time of booking it was assured to the complainant that the vehicle so booked will be delivered within one month. It is further argued that complainant who is an Ex-serviceman has also raised loan for making payment of the vehicle so booked from Punjab & Sind Bank against his pension and even the complainant has deposited one loan installment of Rs.13,803/- to the bank and payment of remaining loan installment is due which is evident from statement of account Ex.C-3 and the complainant is making payment of loan amount to the bank. It is further argued that a period of about 6 months has elapsed, but till today the vehicle so booked by the complainant has not been delivered, despite the fact that the complainant is approaching the opposite parties time and again and requesting for delivery of vehicle, but the opposite parties always put the complainant with one pretext or the other. It is further argued that due to non-delivery of vehicle within stipulated period, the complainant had suffered physically, mentally, as well as financially for no fault on his part. It is further argued that there is a clear cut deficiency, negligence and unfair trade practice on the part of the opposite parties, who have failed to deliver the vehicle of complainant within stipulated period. It is further argued that as such now the complainant does not want to purchase the vehicle from the opposite parties and the complainant approached the opposite parties and requested them to refund his above mentioned amount and also pay damages to him, but the opposite parties have refused with one or the other excuse and did not pay any heed to requests of the complainant. It is further argued that due to this illegal act and conduct of the opposite parties, the complainant has suffered great loss and also suffered mental agony and physical harassment and inconvenience and there is a clear cut deficiency in service on the part of the opposite parties.
7. To prove his case complainant has placed on record copy of booking receipt Ex.C-1, copy of performa invoice Ex.C-7 and statement of account Ex.C-3. Evidence adduced by the complainant on record has remained un rebutted. As such it is proved that complainant has deposited the amount of Rs.11,000/- with the opposite party as booking amount and inspite of the fact that complainant had obtained loan from Pb & sind bank and has paid installments of loan, the opposite party has not delivered the booked car to the complainant with in time agreed upon and has also not refunded the booking amount to the complainant, accordingly the deficiency in service on the part of opposite party is fully proved, as such the present complaint is partly allowed. The opposite party is directed to refund the amount of Rs.11,000/- to the complainant alongwith interest @ 9 % P.A. w.e.f 21.01.2022 till realization of entire amount. This commission is of the view that since the complainant had already obtained loan for purchase of the car and had to pay installments to the bank and as such has definitely suffered mental and physical agony and harassment as such opposite party is directed to pay damages of Rs.10,000/- to the complainant and Rs.5,000/- as cost of litigation.
8. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases.
9. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record room.
(Lalit Mohan Dogra)
President.
Announced: (B.S.Matharu)
Sept. 01, 2023 Member
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