Punjab

Patiala

CC/15/17

Shivani Sood - Complainant(s)

Versus

M/s Hira Automobiles ltd. - Opp.Party(s)

Sh S P Singh sidhu

12 Feb 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.

Complaint No. CC/15/17 of 13/01/2015

Decided on 12/02/2015

Shivani Sood versus M/s Hira Automobiles...

Complaint under Sections 11 to 14 of the

Consumer Protection Act.

Present: Sh. S. P. Singh counsel for the complainant.

ORDER

NEELAM GUPTA, MEMBER:

This is a complaint brought by the complainant alleging that he got booked one car Maruti Suzuki Ritz on 21/12/2012 and deposited a sum of Rs.50,000/- as booking amount with Op no.1 and she was told that the vehicle would be delivered after 10/01/2013. It is the case of the complainant that at the time of booking, Mr. Vishal Sethi, an executive of Op no.1 promised to the complainant that on purchasing the said vehicle she would be provided certain items as special offer i.e. power windows, central locking, third year extended warranty, car kit and car cover. But due to certain financial constraints the complainant was unable to purchase the said car and he approached OP no.1 for cancellation of the booking and asked for the refund of Rs.50,000/- deposited by him as booking amount. But an official of OP no.1 told the complainant that they will refund only Rs.25,000/- instead of Rs.50,000/-. Ultimately, the complaiant was forced to purchase the car and the car was handed over to the complainant on 14/01/2013. At the time of handing over the said vehicle to the complainant, the promised items i.e. genuin and original power windows, central locking, car kit, temporary RC and insurance cover were not provided. The complainant brought this fact to the notice of OP no.1 but OP did not pay any heed to the request of the complainant.

2. It is further averred that after some days the insurance cover of the car was provided to the complainant and the complainant was shocked to see that the vehicle was purchased on 14/1/2013 but the insurance cover of the said vehicle issued to him pertained to the period 28/12/2012 to 27/01/2013 i.e. 18 days prior to the purchase of the vehicle, as such the complainant got only 13 days for the registration of the vehicle. Complainant approached OP no.1 time and again but to no use. Ultimately she approached this forum u/s 12 of the Consumer Protection Act 1986 ( for short the Act) for a direction to OP no.1 to refund an amount of Rs.50,000/- with interest @ 24 % from the date of the booking date till realization along with Rs. One lac as compensation for the harassment, Rs.1 lac for unfare trade practice and also Rs.22000/- as cost of litigation.

3. In the present case the complainant has alleged that she purchased the vehicle on 14/01/2013 but the insurance of the said vehicle issued to her pertained to the period 28/12/2012 to 27/01/2013 i.e. 18 days prior to the purchase of the vehicle as such she got only 13 days for the registration of the vehicle. The Vehicle was got duly registered on 28/1/2013 as would appear from the copy of the RC. The complainant has failed to show any loss or injury sustained by her due to issuance of the cover note 18 days prior to the sale of the vehicle. Secondly, the complainant has demanded interest @ 24 % per annum w.e.f. 21/12/2012 on the sum of Rs.50,000/- i.e. the booking amount deposited by her with OP but she has failed to produce the receipts of the payment made by her to the OP in order to prove the over payment of Rs. 50,000/- made by him to OP. Lastly, the complainant has averred that the OP failed to provide the facility of power windows and central locking as was promised by it before purchasing the vehicle. As per annexure G, OP replaced the central locking system with Maruti Genuine accessories and the complainant had duly signed the satisfaction note to that effect. As such we find that no prima facie case is made in respect of any deficiency of service on the part of OP. Consequently, the complaint is not maintainable and the same is hereby rejected. Copy of the order be supplied to the complainant free of cost under rules. File be consigned to the record room.

Pronounced

Dated: 12/02/2015.

Sonia Bansal D. R. Arora Neelam Gupta

Member President Member