District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 466/2019.
Date of Institution: 20.9.2019.
Date of Order:25.08.2023.
Anang Pal S/o late Shri Rajender Singh, R/o House No. A-1, Link Road, Sector-28, Faridabad (Haryana) (Mob. No. 9810344446).
…….Complainant……..
Versus
1. M/s. Ford India Pvt. Ltd., 5th floor, Plot No. 142, Chimes 142, Sector-44, Rd, Sector-44, Gurugram, Haryana – 122003.
2. Vivek Goel r/o House No. 76, Sector-15, Part-I, Gurugram, Haryana – 122001.
3. Ms. Anju Goel, r/o House No. 76, Sector-15, Part-I, Gurugram, Haryana – 122001.
4. Smt. Anju Goel, Director VGO Motor Pvt. Ltd., 12/4, Sewa Grand Mall, Sarai Khawja, Mathura Road, Faridabad.
5. Sh. Vivek Goel, Director VGO Motor Pvt. Ltd., 12/4, Sewa Grand Mall, Sarai Khawja, Mathura Road, Faridabad.
…Opposite parties
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
PRESENT: Sh. Hemraj Singh , counsel for the complainant.
Sh. Deepak Sabarwal , counsel for opposite party No.1.
Sh. Bhupender Vats, counsel for opposite parties Nos.2 & 3.
Opposite parties Nos.4 & 5 as proforma party vide order dated 06.04.2022.
ORDER:
The facts in brief of the complaint are that the complainant was interested to purchase vehicle and booked a Ford Endeavour car and paid Rs.1,00,000/- through cheque No. 167865 dated 27.01.2019 drawn on OBC Bank. After that complainant had changed his mind for purchasing the motor vehicle and requested to return the booking amount for Rs.1,00,000/- which had been deposited by the complainant but all his request and visits his showroom were let in vain. The complainant given a written request for cancellation of booking on dated 28.02.2019 and request to the opposite parties kindly refund the booking but they failed to refund the said amount.. It was mentioned by Ford India Limited to refund the full amount to the customer within a period of 7 days after receiving the cancellation request by the customer. The complainant sent a legal notice dated 03.06.2019 to the opposite parties but all in vain.The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) refund the booking advance amount of Rs.1,00,000/- alongwith interest @ 24% p.a from the date of payment till its realization to the complainant.
b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 5500 /-as litigation expenses.
2. Opposite party No.1 put in appearance through counsel and filed written statement wherein Opposite party No. 1 refuted claim of the complainant and submitted
that inassuch as the relationship shared between answering opposite party and the authorized dealer, was on principal to principal basis. The liability of selling of the cars and ancillary services such as after sale services were exclusively provided by authorized dealers and not by answering opposite party. Each opposite party was liable for its own respective actions and none assumes liability for the actions of the other. It was only in the case of any manufacturing defect that answering opposite party was required to meet their obligation as per the terms of the warranty. The present complaint was not maintainable and was liable to be dismissed in as much as the opposite parties Nos.2 to 5 on regular basis violated the terms of the DSSA dated 24.04.2018 between answering opposite party and dealer. The answering opposite party, aggrieved by such violations, terminated the agreement signed between both the parties. Opposite party No.1 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. Opposite parties Nos.2 to 5 put in appearance through counsel and filed written statement wherein Opposite parties Nos. 2 to 5 refuted claim of the complainant and submitted that in as such as the present Hon’ble Forum was not the appropriate authority to try the present complaint, as after going through the complaint, any one can easily made out that the present complaint was suit for recovery and not a consumer complaint. The Hon’ble Forum was not a mechanism to recover the alleged amount of money. It was to be appreciated n to the Hon’ble Forum that the complainant was not a consumer as per the Consumer Protection Act, 1986 and the complainant was wrongly using the Hon’ble Forum for the legal issues, which were outside the jurisdiction of the Forum.. Opposite parties Nos.2 to 5 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
4. Shri Hansraj Singh, counsel for the complainant has made a statement that he wants to makes Opposite parties Nos.4 & 5 as proforma opposite parties. Vide order dated 6.4.2022.
5. The parties led evidence in support of their respective versions.
6. We have heard learned counsel for the parties and have gone through the record on the file.
7. In this case the complaint was filed by the complainant against opposite parties–M/s. Ford India Pvt. Ltd.. with the prayer to: a) refund the booking advance amount of Rs.1,00,000/- alongwith interest @ 24% p.a from the date of payment till its realization to the complainant. b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 5500 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.C-1 –photocopy of cheque dated27.01.2019 for Rs.1,00,000/-, Ex.C-2 receipt dated 28.01.2019 for Rs.1,00,000/-, Ex.C-3 – written request for cancellation of booking dated 28.02.2019, Ex.C-4 – legal notice dated 3.6.2019,, Ex.C5 to 9 – postal receipts.
On the other hand counsel for the opposite party No.1 strongly agitated and opposed. As per the evidence of the opposite party No.1 Ex. DW1/1 –
affidavit of Shri Satish Verma Datla working s Controller – India MS & S of Ford India Private Limited having its office at 5th floor, plot No. 142, Chimes 142, Sector-44 Road, sector-44, Gurgaon, Haryana,, Ex.OP-1 – resolution.
As per evidence on behalf of opposite parties Nos.2 to 3, Ex.RW2/A – affidavit of Shri Vivek Goel, Director of V-GO Motors Private Limited, 12/4, Sewa Grand Mall, Sarai Khawaja, Mathur Road, Faridabad, Annx.R1 & 2 – Dealer Sales and Service Agreement, Annx.R/3 – Notice of termination of dealership.
8. As per Ex.C-1 the complainant booked a Ford Endeavour car and paid Rs.1,00,000/- through cheque No. 167865 dated 27.01.2019 drawn on OBC Bank. It is evident from Ex.C3 the complainant sent a letter regarding cancellation of the booking on dated 28.02.2019 and request to the opposite parties to refund the booking amount. It
is mentioned by Ford India Limited to refund the full amount to the customer within a period of 7 days receiving the cancellation request by the customer.
9. After going the evidence led by the parties, the Commission is of the opinion that the complaint is allowed. Opposite parties Nos.1 to 3, jointly & severally, are directed to refund the booking advance amount of Rs.1,00,000/- alongwith interest @ 6% p.a. from the date of filing of complaint till its realization. Opposite parties Nos.1 to 3 are also directed to pay Rs.2200/- as compensation for causing mental agony & harassment alognwith Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 25.08.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
