Haryana

Bhiwani

CC/249/2019

Vikas - Complainant(s)

Versus

jaya Automobile - Opp.Party(s)

Rajesh Arya

21 Sep 2023

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.    249 of 2019

                                                DATE OF INSTITUTION: -              16.05.2019

                                                            DATE OF ORDER: -                         21.09.2023

 

Vikas son of Ram Kumar, resident of Naya Bazar old bus stand road, Bhiwani, Tehsil & District Bhiwani.

 

    ……………Complainant.

 

VERSUS

 

Jaya Automobile, Vidya Nagar, Meham Road Bhiwani through its Proprietor.

 

………….. Opposite Party.

 

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT, 1986.

 

 

BEFORE:      Hon’ble Mrs. Saroj Bala Bohra, Presiding Member

Hon’ble Ms. Shashi Kiran Panwar , Member

 

Present:-      Sh. Rajesh Arya, Advocate for complainant.

          Sh. Lalit Sharma, Advocate for OP.

 

ORDER:-

 

Saroj Bala  Bohra, Presiding Member:

 

1.                     Brief facts of the case, as per complainant are that he had purchased  a Scooty Mestro from OP and the same got financed from Jaya Automobile and the employee of the OP received a sum of Rs.20,200/-  and also demand a cheque of Rs.14,900/- and remaining Rs.5300/- received in cash from the complainant and not issued any receipt regarding this.  The complainant demanded the above said receipts from the OP, then OP issued two receipts i.e. one for the cheque and other is for Rs.2598/- and never give the receipt for Rs.5300/- which was received in cash from complainant.  The complainant visited in the office of OP many times since the last 6 months and made request to the officials of OP to return Rs.5300/- or give receipt for the same.  The complainant had also moved an application to SP Bhiwani against the OP but no action has been taken by the OP and the OP refused to admit the claim of the complainant.  The complainant further alleged that due to the act and conduct of the respondents he has to suffer harassment, humiliation and mental agony.  Therefore, he prayed that the complaint of the complainant may kindly be allowed and the OP be directed to pay the following:-

i           To pay Rs.5300/- alongwith interest @ 18% per annum upto date.

ii          To pay a sum of Rs. 50,000/- as compensation to the complainant on account of loss of income and suffering harassment and mental agony and Rs.11,000/- for litigation expenses.

iii         Any other relief to which the complainant is found entitled may also be granted to him.

Hence this complaint.

2.                            On appearance, OP no. 1 filed written statement  taking preliminary objections regarding locus standi, cause of action, maintainability.  On merits, it is alleged that the said vehicle was insured with the National Insurance Company Ltd. vide policy no.39010231166203727306 dated 30.11.2016 and premium for the amount of Rs.1753 was charged for the same and the policy cover note was handed over to the complainant alongwith other papers.  The complainant has paid total amount of Rs.19280/- against the same of the scooter but the complainant has never paid an amount of Rs.20,200/- to the OP.  Therefore, there is no deficiency in service on the part of OP. It is prayed that the complaint be dismissed with costs.

3.                     To prove its complaint, the counsel for complainant has tendered in evidence documents Annexure C1 to Annexure C6 and closed the evidence vide order dated 28.2.2020.  On the other hand, learned counsel for OP tendered in evidence documents Annexure R-1 to Annexure R-8 and closed the evidence vide order dated 30.9.2019.

4.                     After careful reading the entire facts and hearing the arguments of both the parties, we have come to the conclusion that the complainant purchased the Scooty Mestro on dated 30.11.2016 amounting to Rs. 51,830/-  with a loan amount of Rs.38,800/-.  The OP received a sum of Rs.20,200/-  and also demand a cheque of Rs.14,900/- and remaining Rs.5300/- received in cash from the complainant.   After perusing the document Annexure R-2, it is clearly shown that the complainant paid the down payment amounting to Rs.17,495/- and in the document Annexure R-6, it is also clear that the complainant paid the insurance amount of Rs.1753/- and  also pay Rs.30/- for temporary number.  The total amount of the same is 19278/- but the OP received a sum of Rs.20,200/-.   We have come to the conclusion that the OP had overcharged the complainant by Rs.922/- as there is lack of service on the part of OP.   So the payable amount comes to Rs.922/- say Rs.920/- (rounded off).

5.                     Hence the complainant is entitled for the alleged amount.   With these observations and findings, the present complaint of the complainant is hereby allowed and direct the OP to pay the cost of Rs.920/-  alongwith interest @ 9% p.a. from the date of filing of the present complaint i.e. 16.05.2019 till its realization and shall also pay  a sum of Rs.5,000/- (Rupees five thousand only) as compensation on account of deficiency in service and Rs.2100/- (Rupees two thousand one hundred only) as litigation expenses to the complainant.  Order shall be complied within one month from the date of decision.

                     Copy of this order be supplied to both the parties free of costs.  File be consigned to the record room after due compliance.

Announced in open Commission.

Dated: - 21.09.2023

 (Shashi Kiran Panwar)           (Saroj Bala Bohra)                

   Member.                             Presiding Member,

                                                               District Consumer Disputes

                                                  Redressal Commission, Bhiwani.

Present:-      Sh. Rajesh Arya, Advocate for complainant.

          Sh. Lalit Sharma, Advocate for OP.

 

                    Arguments heard.  Vide separate detailed order of even date, the present complaint stands allowed.  File be consigned to the record room after due compliance.

 

                   

Dt:21.09.2023         Member.                    Presiding Member,

                                                               District Consumer Disputes

                                                               Redressal Commission, Bhiwani.