Order dictated by:
Mr.Anoop Sharma, Presiding Member
- Present complaint has been filed by Sandeep Kumar under section 11 & 12 of the Consumer Protection Act on the allegations that complainant visited the show room of opposite party No.1 Kosmo Auto Sales, Passenger Vehicle Dealer, G.T. Road, New Amritsar on 11.5.2016 and booked one car i.e. TIAGO XM Diesel (Berry Red) and gave a cash amount of Rs. 10000/- for the booking of the said car. The authorized representative also issued one receipt dated 11.5.2016 to the complainant after accepting the amount of Rs. 10000/-. After passing one month from the date of booking of car, complainant enquired from the show room of opposite party No.1 regarding the status of delivery of car, but the salesman informed the complainant that the car is not available . the complainant had also sent e-mails to the head office of Tata Motors i.e. opposite party No.2 but no reply came from their side. The complainant also wrote one letter to opposite party No.1 on 1.7.2016 for refund of the said amount of Rs. 10000/-, but to no avail. Finally complainant served legal notice upon opposite party No.1 dated 5.10.2016, but the opposite party did not pay any heed to the genuine requests of the complainant. Vide instant complaint, complainant has sought for the following reliefs:-
- Opposite parties be directed to reimburse the amount of Rs. 10000/- to the complainant ;
- Opposite parties be also directed to pay compensation to the tune of Rs. 50000/- alongwith any other relief to which the complainant is deemed liable.
Hence, this complaint.
2. Upon notice, opposite parties did not put in appearance despite service of notice as well as publication of notice of opposite party No.1 in newspaper dated 24.2.2017 as such they were ordered to be proceeded against ex-parte.
3. In his bid to prove the case Sh. Rahul Sabharwal,Adv.counsel for the complainant tendered into evidence duly sworn affidavit of the complainant Ex.C-1, copy of notice Ex.C-2, copy of letter dated 21.4.2016 Ex.C-3, copy of receipt dated 11.5.2016 Ex.C-4, copy of commitment form Ex.C-5 and closed the evidence on behalf of the complainant.
4. From the facts and circumstances of the case, it becomes evident that the complainant got booked one car i.e. TIAGO XM DIESEL on 11.5.2016 on deposit of Rs. 10000/- with opposite party No.1, copy of payment receipt accounts for Ex.C-4 on record. The opposite party also issued a commitment form showing the showroom price as 4,79,183 as well as amount received by them to the tune of Rs. 10000/- vide commitment form Ex.C-5. It was the case of the complainant that after passing one month from the date of booking of car, complainant enquired from the show room of the opposite party No.1 regarding the status of delivery of car . In this regard complainant also sent e-mails to opposite party No.2 but no reply came from their side. The complainant also sent letter to opposite party No.1 on 1.7.2016 for refund of the said amount of Rs. 10000/- , copy of the letter accounts for Ex.C-3 on record. But the opposite party did not pay any heed to the request of the complainant. The complainant also served legal notice dated 5.10.2016 upon opposite party No.1, copy of legal notice is Ex.C-2. However, opposite party did not pay give any reply to the said notice.
5. The evidence adduced by the complainant has gone unrebutted on record as none appeared on behalf of the opposite parties to controvert the allegations made by the complainant in his complaint. As such the averments made in the complaint as well as documentary evidence adduced with the complaint, have been accepted to be correct by the opposite party impliedly. In the case in hand , the complainant has booked the car on deposit of Rs. 10000/- with opposite party No.1. It is pertinent to mention here that it is the duty of the opposite parties to deliver the car to the complainant on receipt of the price of the car, if the complainant has duly got booked the same with the opposite parties and the opposite parties issued receipt Ex.C-4 as well as commitment form Ex.C-5 to the complainant . By not delivering the car and by not refunding the deposit amount inspite of making so many requests orally as well as written, opposite parties were found deficient in providing service to the complainant. Opposite parties were also playing with the hefty amount of the complainant for a long period i.e. from 11.5.2016 with ifs and whats.
6. Consequently , the complaint of the complainant is allowed and opposite parties are directed to refund the amount of Rs. 10000/- to the complainant . Opposite parties are also directed to pay Rs. 2000/- as compensation on account of mental tension and harassment besides Rs. 1000/- as litigation expenses . Compliance of this order be made within a period of 30 days from the date of receipt of copy of this order ; failing which, complainant shall be at liberty to get the order executed through the indulgence of this Forum. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated :30.3.2017
