Haryana

Ambala

CC/143/2014

GURNAM SINGH - Complainant(s)

Versus

M/S KISHIV MOTORS - Opp.Party(s)

B.S.GARG

16 Dec 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 143 of 2014

                                                          Date of Institution         : 27.05.2014

                                                          Date of decision   : 16.12.2016

 

 

          Gurnam Singh S/o Munish Ram, resident of Shanti Nagar, (Kurriri), Tehsil           Ismailabad, Distt. Kurukshetra.

 

……. Complainant.

 

 

          M/s Kishiv Motors Pvt. Ltd., 9 KM Stone Village Khuddi, Ambala          Jagadhari Road, Ambala Cantt, Through its managing Director.

 

 

….…. Respondents.

 

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                             

 

 

Present:       Sh. B.S. Garg, counsel for the complainant.

                   Sh. Keshav Sharma, counsel for the Ops.  

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant booked a car Honda Amaza/EXMT/T/W/(Petrol) on 26.08.2013, and paid a sum of Rs. 11,000/- as earnest money/advance vide cash memo no. 962 dated 26.08.2013 from OP and OP also issued Sale Contract on the same day vide contract no. 869. Further submitted that the said car was booked as the marriage of complainant’s daughter was to be solemnized in the mid of November, 2013 and OP promised to deliver the car in question in the first week of November 2013 and the complainant approached time and again to deliver the car in time but OP always put off the matter by one way or the other. Ultimately, the Op did not deliver the car in time and the complainant had to purchase another car. So, the complainant got served  registered notice dated 29.01.2014 upon the Op which was received by the OP and tendered reply dated 22.02.2014 and 13.03.2014 and sent a  cheque no. 001998 dt. 03.03.2014 of Rs. 11,000/- which was received by the complainant under protest. However, complainant got send a letter dt. 20.04.2014 to the OP regarding the interest of booking amount deficiency of services and harassment etc. but all in vain. Hence, the present compliant.

2.                Upon notice, OP  appeared and filed written statement submitting that the present complaint is not maintainable, because it is not a consumer dispute with the reason that the complainant is claiming interest on the booking amount of Rs. 11000/- as already refunded, which is an admitted fact and as such the complainant is not a consumer as provided under Section 2(1) (d) of the Act and this point is already confirmed by the National Commission in a case of Nanu Bhai Vs. Mruti Udyog Ltd. reported in CPC -1996(1) page 236 and on this point the Hon’ble State Commission, Haryana Panchkula had stayed the order of this Learned Forum passed in Cheverlot, hence the complaint be dismissed with costs.

3                 To prove his version complainant tendered his affidavit as Annexure C-X  along with documents as annexure C-1 to C-9 and close his evidence. On the other hand, respondent has tendered documents as annexure R-1 to R-3 and close his evidence.

4.                We have heard learned counsel for the parties and carefully gone through the case file. It is admitted fact that the complainant booked a car Honda Amaza/EXMT/T/W/(Petrol) on 26.08.2013 and paid a sum of Rs. 11,000/- (Annexure C-2) as earnest money/advance vide cash memo no. 962 dated 26.08.2013 with OP vide contract no. 869 Annexure C-1. It is also admitted fact that the OP has not delivered the vehicle in question in time. It is also admitted fact that the OP has returned the booked amount after receiving the notice given by the complainant.

                   The version of the complainant is that he has booked the car for the purpose of marriage of his daughter which was solemnized on 15.11.2013 and the OP has promised to deliver the car in question in the first week of November 2013 and this version was not denied by the OP. In this way, purpose of booking the car at the time of the marriage of his daughter is defeated.

                   In view of above facts and circumstances and argument advanced by both the counsels for the parties, the OP did not deliver the car timely given by the complainant and earnest money was returned to the complainant after giving the notice to the OP on 03.03.2014 after the period of approximate seven months. In such situation, OP is duty bound to give the delivery of car after receiving the booking amount. The version of the complainant is believable that the marriage of his daughter was solemnized on 15.11.2013 and OP did not give the delivery of vehicle within time. Perusal of the file shows that neither the OP delivered the vehicle nor explained any reason as to why they have not delivered the vehicle in question in time. Accordingly, we find that the Ops are negligent and deficient in providing proper services to the complainant and the complainant has been harassed  by not delivering the vehicle in question. The complainant is entitled to interest on the earnest money as well as for compensation. Thus, we allow the present complaint with costs and directed the Ops to comply with the following directions within thirty days from receipt of copy of the order:-

1. The OP is directed to pay interest on  the earnest money i.e. Rs. 11000/- at the rate of 12% per annum from the date of deposit i.e. 26.08.2013 upto 03.03.2014 when the above said amount was paid to the complainant.
2. Also to pay a sum of Rs.5,000/- on account of mental harassment & agony alongwith cost of litigation of Rs. 2000/-.

                   Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on: 16.12.2016                                              Sd/-

                                                                                 (D.N. ARORA)

                                                                                       President

 

                         Sd/-

     (PUSHPENDER KUMAR)

                                                                                       Member