Delhi

North East

CC/222/2018

Mohd. Kamil - Complainant(s)

Versus

M/s F.G. Motors - Opp.Party(s)

15 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.222/18

 

In the matter of:

 

	Mohd. Kamil S/o Late. SH. Safder Ali Khan R/o F-151, West Jawahar Park Laxmi Nagar, Delhi-92	Complainant
	Versus
	M/S F.G. Motors Through its Proprietor/Owner/Director Street No.7, Gas Godam Road Main Road, Shastri Park, Delhi-110053	Opposite Party

 

DATE OF INSTITUTION:              ORDER RESERVED ON:                DATE OF ORDER:

22.10.2018 18.08.2022 15.11.2022

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

 

 

ORDER

      Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

 

 

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant purchased a scooter from Opposite Party on 20.05.18 vide cash receipt No. 2903 dated 20.05.18 amounting to Rs. 61,000/-. The Complainant stated that the Opposite Party does not provide any tax invoice/bill to the Complainant. It is alleged by the Complainant that the official of Opposite Party told the Complainant that the price of the said scooter was Rs. 61,000/- but the price/MRP of the said scooter was much less on the website of Honda Motorcycles India ltd i.e. Rs. 5,916/-. Then the official of Opposite Party showed the Complainant a price list by stating that it was an updated price list which shows higher price as shown on the website and then the Complainant was made to pay  Rs. 61,000/- to Opposite Party. The Complainant submitted that in order to clear his doubts he visited another authorized dealer of Honda Motorcycles India ltd. where he came to know that the said scooter has two variants having slight difference that is of Rs. 58,916/- and  Rs. 60,916/-. Then the Complainant visited the Opposite Party again and the official of Opposite Party stated that the prices are shown on piece of paper and feel it unauthentic. The Complainant stated that he got two quotations from the Preet Vihar dealer where he visited before and send those quotations to the official of Opposite Party through whatsapp. Then the Complainant came to know that the price of  Rs. 61,000/- includes accessories also. The Complainant stated that he visited Opposite Party and requested the official of Opposite Party to tell him the actual cost of the accessories and does not disclose the real cost of accessories to the Complainant. The Complainant submits that the Opposite Party had fraudulently sold the accessories without giving the price of the same. The Complainant states that he requested the official of Opposite Party to detach the accessories from the said scooter and return him Rs. 2,083/- as the difference of Rs. 58,917/- as the quoted price said scooter (active 5g standard) and Rs. 61,000/- is fraudulently charged by him but the official of Opposite Party does not provide him the above request. The Complainant stated that he sent a legal notice to Opposite Party on 05.06.18 requesting him to refund/return the excess amount of Rs.2,083/-. The  Complainant submitted that after receiving the legal notice, the owner of Opposite Party contacted the Complainant telephonically and offered him to return Rs. 1,000/- and also agreed that when the Complainant visits the Opposite Party showroom for next service of the said scooter they will pay the agreed amount. But on 16.06.18, when they visited the Opposite Party showroom then the official of Opposite Party ignored the said agreement, then the Complainant made various phone calls to the owner of Opposite Party regarding the agreement but he did not give any response to him. As it was a free service the Complainant had only paid Rs. 285/- for engine oil and hand written receipt is provided to him instead of tax invoice for receiving such payment. The Complainant stated that he sent various messages to the owner of Opposite Party via whatsapp regarding the refund/return of money of Rs. 1,000/- as agreed between them but the owner of Opposite Party did not give any satisfactory response to him nor does he refunded the excess amount or the amount as agreed between them. Hence, this shows deficiency on the part of Opposite Party. Complainant has prayed to refund the amount of Rs. 2083/- and Opposite party be directed to issue tax invoice/authentic bill instead of a flat cash receipt which is not authentic for purchase of a motor vehicle. He has also prayed for Rs. 50,000/- on account of mental harassment.

Case of Opposite Party

2.  The Opposite Party contested the case and filed written statement. It is stated by the Opposite Party that Complainant purchased a two wheeler(scooter) Activa (Honda), 5G Scooter standard on 20.05.18 by cash in the sum of Rs. 61,000/- including the cost of accessories of Scooter and that Opposite Party has not extra charged from the Complainant.
3. That, real fact is that real rate of said Scooter is Rs. 59,518/- accessories which are given with Scooter are cost as under:-

1. Front Bumper

2. Front beading

3. All Round Guard which cost Rs. 1175/-

4. Side stand Rs. 275/-

5. Foot Rest Rs. 415/-

6. Foot Mat Rs. 100/-

7. Seat Cover Rs. 210/-

8. Buzzer Rs. 75/-

9. Grip Cover Rs. 50/-

Total Rs. 2300/-

4.  That, therefore total cost of said Scooter reached up to Rs. 59,518/- + 2,300/- = 61,818/-
5. That, therefore total cost of said Scooter reached upto 61,818/- but Opposite Party only charged Rs. 61,000/- from Complainant due to close friendship.
6. That, it is pertinent to mention here that if any Person purchased said Scooter direct from company. It charge/cost Rs. 64,560/- but due to friendly relationship Opposite Party only charged Rs. 61,000/- and not charge Rs. 818/-
7. Therefore, under the facts and circumstances, present complaint to Complainant is not maintain and liable to dismissed with heavy cost.  Rejoinder to the Written Statement of Opposite Party
8. The Complainant filed rejoinder to the written statement filed by the Opposite Party and he has reaffirmed the averments made in the complaint and has denied the averments made in the written statement.

Evidence of the Parties

9. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint. To support its case Opposite Party has filed affidavit of Mohd. Mehraj, Owner/Director of Opposite Party. In his affidavit, he has supported his case as mentioned in the written statement.

Arguments and Conclusion

10. We have heard the Complainant and we have also perused the file and the written arguments filed by the parties. The case of the Complainant is that he purchased a scooter from Opposite Party on 20.05.18 for a sum of  Rs. 61,000/- but actual cost of the scooter was Rs. 58,916/-  so, Opposite party charged him Rs. 2,083/- more than actual price of the scooter. He further submitted that Opposite Party did not supply him tax invoice and fitted various accessories into the scooter without his consent and without giving the breakup of price of accessories.
11. As per Opposite Party, Complainant had purchased a two wheeler on 20.05.18 by cash for a sum of Rs. 61,000/- including the cost of accessories of the scooter and Opposite Party did not charge any extra amount from the Complainant. He further stated that actual cost of scooter was  Rs. 59,518/- and he supplied various accessories to the tune of the cost of Rs. 2,300/- was the total cost comes around Rs. 61,818/- and he charged only Rs. 61,000/-.
12. It is admitted fact that Complainant purchased a scooter from the Opposite Party for a sum of Rs. 61,000/- and Opposite Party did not supply him a tax invoice and also breakup of price of various accessories fitted into the scooter and these accessories fitted into the scooter without the consent of the Complainant but it was not denied by the Complainant that various accessories were fitted into the scooter and it was also not denied by the Complainant and Opposite Party that the on road price of the scooter was Rs. 59,518/-.Therefore, there is deficiency in service on the part of Opposite Party for not supplying tax invoice and breakup of price of accessories to the Complainant.
13. In view of the above discussion, the complaint is allowed. Opposite party shall pay the amount of Rs. 5,000/- to the Complainant on account of mental harassment and litigation charges along with interest @ 6 % p.a. from the date of this order till recovery.
14.  Order announced on 15.11.2022.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President