Chandigarh

DF-I

CC/970/2022

RAJESH KUMAR - Complainant(s)

Versus

MADHAV MOTOR - Opp.Party(s)

DEVINDER KUMAR

06 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                             ========

 

                    

Consumer Complaint No.	:	CC/970/2022
Date of Institution	:	12/12/2022
Date of Decision	:	06/04/2023

 

 

 

Rajesh Kumar son of Sh.Nanak Chand, R/o House No.711/30, Sector 26, Chandigarh – 160019. (Aadhar Card No.202104324727) (Mobile No.9814300171) (e-mail: rudramahi_2008@rediffmail.com).

 

…..Complainant

 

V E R S U S

 

 

[1]  MADHAV MOTOR, Booth No.744, NAC Mani Majra, Chandigarh 160101, through its Prop./Managing Partner/ Authorized Signatory.

 

[2]  Subham Arora, Proprietor, MADHAV MOTOR, Booth No.744, NAC Mani Majra, Chandigarh - 160101.

 

[3]  Amit Soni, Partner, MADHAV MOTOR, Booth No.744, NAC Mani Majra, Chandigarh - - 160101.

…… Opposite Parties

 

QUORUM:	SURESH KUMAR SARDANA	PRESIDING MEMBER
	B.M. SHARMA	MEMBER

                                           

For Complainant	:	Sh. Devinder Kumar, Counsel for the Complainant.
For OPs	:	Ex-parte.

 

Per Suresh Kumar Sardana, Presiding Member

 

1.      Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, the Complainant wanted to buy a second hand car and for this purpose, on 18.09.2022, he went to the Car Market, Manimajra, where he chose & finalized a deal for a Santro car (2008 model) with the Opposite Parties for a total consideration ₹96,000/- and paid ₹10,000/- towards advance (₹500/- Cash to Sh.Amit Soni & ₹9500/- through Google pay to Sh.Subham Arora vide Mobile Number-9878552663), which was duly acknowledged on the letter head of  MADHAV MOTOR, Booth No.744, NAC Mani Majra, Chandigarh (Annexure-I).  Since at the relevant time, there was “Sharadd Paksh”, the father of the Complainant did not agree for the said purchase and advised the Complainant not to proceed further with the deal. Having due regard for the religious sentiments of his father, the Complainant called Sh.Subham Arora on 19.09.2022 at 1.11 p.m. & 1.38 pm and while narrating the entire position, requested him to cancel  the deal with a request to refund the advance payment made after deducting nominal handling charges, if any. However, the Opposite Parties put off the matter on one pretext or the other (Annexure-II to IV). Eventually, the Complainant got served a legal notice dated 28.10.2022 upon the Opposite Parties (Annexure-V), but the same did not fructify. Therefore, as a measure of last resort, alleging the aforesaid acts of the Opposite Parties as deficiency in service and unfair trade practice, the Complainant has filed the instant Consumer Complaint u/s 34 of the Consumer Protection Act, 2019, seeking various reliefs.
2.      Notice of the complaint was sent to Opposite Parties seeking their version of the case.
3.      However, Opposite Parties did not turn up inspite of service, as such, they were proceeded ex-parte vide order dated 22.2.2023.
4.      Complainant led evidence.
5.      We have gone through the entire record and heard the arguments addressed by the Ld. Counsel for the Complainant.
6.      It has come on record that on 18.09.2022, the Complainant had struck a deal with the Opposite Parties, for the purchase of a second hand Santro car (2008 model) for a total sale consideration of ₹96,000/- and in furtherance whereof, paid an upfront payment of ₹10,000/- to the Opposite Parties, which was duly acknowledged by the Opposite Parties vide Annexure-I. However, due to “Sharadd Paksh”, at the relevant time, the Complainant did not deem it suitable to go for the aforesaid deal and as such, on 19.09.2022 requested the Opposite Parties to cancel the same & to refund the advance payment made after deducting nominal handling charges, if any. Annexures-II to IV placed on record by the Complainant are testimony to the fact that the Opposite Parties lingered on the matter on one pretext or the other, which ultimately led to issuance of the legal notice dated 28.10.2022 (Annexure-V). Notwithstanding this, the Opposite Parties chose to maintain studied silence and did not prefer to even reply to the aforesaid legal notice.    
7.      Significantly, the Opposite Parties did not appear to contest the claim of the Complainant and preferred to proceed against ex-parte. This act of the Opposite Parties draws an adverse inference against them. The non-appearance of the Opposite Parties shows that they have nothing to say in their defence against the allegations made by the Complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
8.      In the present circumstances, it is established beyond all reasonable doubts that the complaint of the Complainant is genuine and the Opposite Parties have certainly and definitely indulged into unfair trade practice as they ought to have initiate steps to redress the grievance of the Complainant promptly, which they failed to do.
9.      At any rate, the Opposite Parties even did not bother to redress the grievance of the Complainant, despite having approached for the same by the Complainant time, which to our mind not only amounts to deficiency in service, but is a grave malpractice under the Consumer Protection Act.
10.      In the light of above discussion, this consumer complaint deserves to succeed. The same is accordingly partly allowed.  Opposite Parties are, jointly and severally, directed as under:-

 

(i)  To refund the amount of Rs.10,000/- to the Complainant.

(ii) To pay Rs.10,000/- as compensation to the complainant for the deficiency in service &  unfair trade practice.

(iii)To also pay a sum of Rs.10,000/- to the complainant as litigation expenses. 

 

11.      This order shall be complied with by the Opposite Parties within a period of 30 days from the date of receipt of its certified copy, failing which, Opposite Parties shall be liable for an interest @12% per annum on the amount mentioned in sub-para [i] & [ii] above from the date of institution of this complaint, till it is paid, apart from compliance of directions contained in sub-para [iii] above.
12.      Certified copy of this order be communicated to the parties, free of charge.
13.      After compliance file be consigned to record room.

Announced

06^th April, 2023

Sd/-Sd/-

                       

Sd/-

(SURESH KUMAR SARDANA)

PRESIDING MEMBER

 

Sd/-Sd/-

Sd/-

(B.M.SHARMA)

MEMBER