BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.85 of 2016

Date of Instt. 18.02.2016

Date of Decision : 19.09.2016

Atul Malhotra son of Kapil Dev Malhotra R/o H.No.19-C/7, Mohalla Gobindgarh, Jalandhar.

..........Complainant

Versus

M/s Kosmo Automobiles, GT Road, Opp.DPS School, Jalandhar through its Proprietor/Partner/Directors/Principal Officer.

.........Opposite party

Complaint Under The Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Sh.Parminder Sharma (Member)

Present: Complainant in person.

Opposite party exparte.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under 'The Consumer Protection Act' against the opposite party (hereinafter called as OP) on the averments that the complainant purchased i20 Magna diesel car from OP on 24.2.2014 for a sum of Rs.6,95,196/-. OP manipulated the insurance charges against some other charges but did not issue any details or invoice for extra charges. The OP has charged an amount of Rs.4500/- as logistics charges which are illegal and OP can not charge the same from purchasers/consumers. Moreover, OP had charged insurance charges of Rs.10,500/- from the complainant but the insurance policy was supplied mentioning premium of Rs.9069/- only. In other words OP had charged Rs.1430/- in excess from the complainant. Moreover, OP had charged Rs.900/- as finance charges from the complainant for getting the car financed from ICICI Bank through OP. But later on, the complainant got the said car financed by himself through SBI Bank, Beas Pind, Jalandhar without any charges but OP failed to refund the finance charges of Rs.900/- to the complainant. The complainant had many times requested the OP through their representatives and employees for refunding the said amount of Rs.15,900/- but the OP kept sleeping and has failed to refund the said amount to the complainant. On such averments, the complainant has prayed for directing the OP to refund the amount of Rs.15,900/- alongwith interest @ 18% per annum. He has also claimed compensation and litigation expenses.

2. Upon notice, the opposite party appeared through counsel and thereafter it was proceeded against exparte vide order dated 5.9.2016.

3. In support of his complaint, the complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C4 and closed his evidence.

4. We have heard the complainant in person and have minutely gone through the record.

5. From the averments and evidence produced on record by the complainant, it stands fully proved on record that the complainant purchased i20 Magna Diesel Car from OP on 24.2.2014 vide invoice Ex.C1 for a sum of Rs.6,95,169/-. The OP, as per invoice Ex.C1, charged price of the car Rs.6,41,096/-. The OP also charged Rs.4500/- as logistic charges, Rs.10,500/- as insurance charges and Rs.39,100/- for registration of the vehicle in question from the complainant. The complainant alleged that the OP could not charge logistic charges Rs.4500/-. The OP has charged insurance charges from the complainant amounting to Rs.10,500/-, whereas the actual premium of the insurance policy Ex.C2 which was handed over to the complainant, is Rs.9069/-, therefore, the OP has charged Rs.1430/- in excess from the complainant. The complainant further submitted that the OP charged Rs.900/- as finance charges from the complainant for getting car financed from ICICI Bank but the complainant later on got the said car financed by himself from SBI Bank, Beas Pind, Jalandhar. The OP has also failed to refund that finance charges of Rs.900/- to the complainant. Therefore, the OP has charged Rs.6830/- in excess from the complainant. The complainant proved his averments through his affidavit Ex.CA and also proved on record invoice Ex.C1, insurance cover note Ex.C2 and notice sent to the OP Ex.C3 through registered post, postal receipt of which is Ex.C4. The evidence produced on record by the complainant remained unrebutted and unchallenged as the OP did not lead any evidence in this case nor the OP filed any written version to contest the complaint of the complainant nor any person from the OP dared to file any affidavit to rebut the evidence produced on record by the complainant.

6. So, from the above discussion, we have come to the conclusion that the OP has charged Rs.4500/- as logistic charges which the OP could not charge as per the law laid down by our own Hon'ble State Commission in case Amar Kumar Vs. Dada Motors, in First Appeal No.1264 of 2010 decided on 17.2.2011. The OP has also charged Rs.1430/- in excess from the complainant under head insurance charges because the OP has charged Rs.10,500/- as insurance charges from the complainant as per invoice Ex.C1. Whereas the OP paid the premium to United India Insurance Company regarding the insurance of vehicle of the complainant, Rs.9069/- only as per cover note Ex.C2. As such, the OP is also liable to refund this amount Rs.1430/- charged in excess from the complainant regarding insurance charges of the vehicle in question. However, the complainant could not produce any evidence that the OP has charged Rs.900/- from the complainant as finance charges. The complainant could not produce any receipt nor any other cogent evidence to prove that he paid Rs.900/- as finance charges to the OP for getting the car financed from ICICI Bank. So, the complainant has failed to prove on record that he has paid Rs.900/- as finance charges to the OP. Resultantly, we hold that the OP has charged Rs.4500 + Rs.1430 = Rs.5930/- in excess and the OP is liable to refund this amount to the complainant but the OP did not refund this amount to the complainant despite service of notice Ex.C3.

7. Consequently, we partly allow this complaint and the OP is directed to refund this amount of Rs.5930/- to the complainant. The OP is also directed to pay compensation to the complainant to the tune of Rs.3000/-. The OP is also directed to pay the cost of litigation to the complainant to the tune of Rs.2000/-. Copies of the order be sent to the parties free of cost, under rules. File be consigned to the record room.

Dated Parminder Sharma Bhupinder Singh

19.09.2016 Member President