Punjab

Ludhiana

CC/23/283

Sanjeev Gupta - Complainant(s)

Versus

M/s Em Pee Motors Limited - Opp.Party(s)

Vijay Sharma

09 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 283 dated 17.07.2023                            

                            Date of decision: 09.03.2024  

Sanjeev Gupta aged 48 years s/o Sh.Arjun Kumar Gupta r/o H.No.B-15, St.No.4, Sidwan Canal, Palm Enclave, Ludhiana.                                                                                                                           ..…Complainant

                                                Versus

M/s EM Pee Motors Limited, Plot No.C-154-156, Industrial Area, Patiala-147001 through its Managing Director/General Manager/Sales Manager/Authorized Signatory.

                                                                                      …..Opposite Party

Complaint under section 35 of the Consumer Protection Act, 1986

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS.MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         In person

For OP                           :         Sh.Sukhwinder Singh, AGM of OP i.e.M/S EM

Pee Motors in person.

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                           The complainant has invoked the jurisdiction of this Commission and alleged deficiency in service on the part of the OP by raising a consumer dispute with regard to non-delivery of the booked car i.e. Toyota Fortuner(Diesel) by the OP to the complainant despite payment of Rs.1 lac towards the booking amount made by the complainant to OP on 22.08.2022 vide bank transfer and the date of booking as of 24.08.2022. It is claimed that the said car is booked for gifting the same to her wife on her birthday on 10.01.2023. However, as per the complainant, despite repeated visits made by the complainant, till date, the delivery of the booked car not given. Claiming said act on the part of OP is totally deficient, the complainant has filed the present complaint with the prayer for issuance of directions to OP to refund the booking amount along with damages of Rs.30,000/- as well as compensation of Rs.22,000/- on account of mental harassment, mental tension and agony suffered by the complainant.

2.                Pursuant to the notice of the complaint, OP appeared through its counsel and filed the written statement whereby OP took the preliminary objections regarding maintainability of the complaint as the same being filed on false and frivolous grounds and without any cause of action. There is no deficiency in service and unfair trade practice as there is no question of any consumer dispute because the complainant has filed a baseless complaint. On merits, the fact regarding booking of car in question on payment of Rs.1 lac on 22.08.2022 not denied. However, it is claimed that it was not assured to the complainant that Fortuner car would be delivered on 10.01.2023 as alleged by the complainant. It is admitted that the answering OP had offered the car to the complainant of some other colour in February and also in March 2023, but the complainant was not ready to take the delivery of the car. All other allegations levelled in the complaint against the answering OP have been specifically denied and it is prayed that the complaint against answering OP is liable to be dismissed.

3.                When the case was fixed for evidence of complainant and during the proceedings of the case, the parties stated that they are in agreement to resolve the matter amicably and the case was adjourned for settlement and taken up in National Lok Adalat.

4.                Today Sh.Sukhwinder Singh, AGM (Assistant General Manager) of OP i.e. M/s EM Pee Motors Limited, Patiala appeared in person and has given offer to pay Rs.1,35,000/- in lump sum amount towards the claim of the complainant within a week. The said offer has been duly accepted by complainant Sh.Sanjeev Gupta who has also appeared in person and he has prayed for disposed of the complaint in view of the settlement.  

5.                           In view of above settlement and recorded statements of the parties today itself, the present complaint stands disposed of in the National Lok Adalat with the direction to OP to pay Rs.1,35,000/- towards the full and final settlement of claim of the complainant within a week from today. Further, the parties shall remain bound by their recorded statements. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

(Monika Bhagat)                        (Sanjeev Batra)                        Member                                                       President

Announced in Open Commission                                           Dated:09.03.2024                                                                                    Gurpreet Sharma.