DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.09/2023
Sanjay Upmanyu
S/o Sh. D.D. Upmanyu
R/o B-162 TF Amar Colony Lajapt Nagar 4
New Delhi-110024
….Complainant
Versus
1. M&M Ltd.
Through MD
Automotive Sector, Mahindra Towers – 3rd Floor
Akurli Road, Kandivali (East)
Mumbai- 400101
2. Koncept Automobiles Pvt. Ltd.
Through GM
24A, Part 4, Ring Road, Lajpat Nagar 4
New Delhi-110024
….Opposite Parties
Date of Institution :10.01.2023
Date of Order : 27.02.2023
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Member: Ms. Kiran Kaushal
Complaint is at initial stage.
1. Complainant has invoked the jurisdiction of this commission to direct OP to provide the booked vehicle within 48 hours for Pre- Delivery Inspection (PDI) thereafter Complainant be given 15 days after satisfactory PDI for making payments . Additionally OP be directed to pay Rs. 4,000/- per day from 31.12.22 as compensation to the Complainant for causing mental agony and suffering along with litigation expenses.
2. As per the complainant he had booked a Mahindra Scorpio NZ4 Petrol Automatic Everest White, online and Koncept Automobile Pvt. Ltd(OP) was the assigned dealer .Complainant paid booking amount of Rs. 21,000/- and he was given a time period between 12.12.22 -11.01.23 for delivery of the booked vehicle .Complainant requested for pre-delivery inspection as and when the vehicle is received by OP.
3. Complainant vide mail dated 22.12.2022 was informed that the said vehicle will be delivered to OP in 7-8 days and the complainant was asked to complete the documentation formalities.
4. It is stated that the Complainant, during the test drive conveyed to the representative of OP that he will be making partial payment , approximately Rs.11,00,000/- through cheque and around Rs. 7,000,00/- through credit card. Representative of OP informed that if the Complainant pays through the credit card, 2% extra will be charged from him. Complainant told her that he is not supposed to pay extra on the credit card payment. The representative said that she will discuss the same with the management.
5. It is next stated that Complainant received another mail from OP on 26.12.2022 stating that the booked vehicle is available tomorrow for delivery therefore Complainant must make the balance payment within 48 hours. In case the complainant is unable to make the balance payment, OP will not be able to hold the vehicle and the same would be allocated to the customer next in line.
6. Complainant visited the show room on 28.12.2022 and completed his pre-delivery inspection. The Complainant refused to pay 2% extra on payment through credit card and told OP that he will pay the entire amount through cheque however he will require 10-15 days for arranging the additional amount.
7. Thereafter mails were exchanged between the parties, OP kept demanding the balance amount and reiterating that it will not be able to hold the vehicle. Complainant on 02.01.2023 mailed to OP to assure him of the availability of the booked vehicle. Only upon assurance of availability of the same vehicle was done by OP, would he raise the additional funds. The availability of vehicle which was inspected pre delivery by the Complainant was never confirmed.
8. The Complainant kept following up with Mahindra Auto Customer Care and no satisfactory reply has been given to the Complainant till filing of the complaint.
9. As stated by the complainant, at the time of booking the vehicle on 30.07.2022 ,he was informed that the vehicle would be delivered between 12.12.2022-11.01.2023. It is noticed that the Complainant for the first time was asked to make the balance payment on 26th Dec.2022 and as per the mail dated 30th Dec.2022, OP was still awaiting the balance payment and delivery confirmation. It is not clear as to why despite having knowledge of the delivery time in July,2022, complainant did not make efforts to arrange for the requisite funds. Complainant by paying booking amount of Rs 21,000/cannot be allowed to put the vehicle costing Rs18,00,000/ on hold. Moreover it is not the case of the complainant that he was denied delivery of a vehicle against his booking amount. OP in mail dated 30.12.2022 has stated that the booking will remain intact and once a matching stock is available, vehicle shall be delivered to the complainant. As no cause of action is found to have arisen qua deficiency in service by OP, the complaint fails.
The complaint is dismissed in limine.
File be consigned to the record room. Order be provided to the parties as per rules and uploaded on the website.
