Haryana

Sonipat

CC/344/2015

Shailendra Saroha S/o Inder Saroha - Complainant(s)

Versus

M/s Malwa Auto Sales Pvt. Ltd. - Opp.Party(s)

Sailender Saroha

16 Dec 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

             

 

                             Complaint No.344 of 2015

                             Instituted on:16.09.2015

                             Date of order:18.12.2015

 

 

Shailendra saroha son of Indersingh Saroha, r/o 873/17, new braham colony, Sonepat.

                                                                                                           ...Complainant.

                      Versus

 

1.Malwa Auto Sales (P) Ltd. Kabirpur byepass near Sai Mandir, Sohnepat through its General Manager.

2.Malwa Auto Sales (P) Ltd. NH.1 31 KM stone, GT road, Kundli, Sonepat through its General manager(Sales Arun).

                                                                                                           ...Respondents.

 

COMPLAINT UNDER SECTION 12 OF        

THE CONSUMER PROTECTION ACT,1986

 

Argued by:Complainant in person.

         Sh. Kamal Hooda Adv. for respondents.

 

 

BEFORE    NAGENDER SINGH, PRESIDENT.

          PRABHA WATI, MEMBER.

          D.V. RATHI, MEMBER.

 

O R D E R

 

       Complainant has filed the present complaint against

the respondents alleging therein that he booked i-20 Elite white car with respondent no.1 on 25.5.2015 and deposited Rs.10,000/- in cash as booking amount with the respondent no.1, but the respondent did not deliver the car to the complainant till date and that amounts to a grave deficiency in service on the part of the respondents.  So, he has come to this Forum and has filed the present complaint.

2.        In reply, the respondents have submitted that the complainant had booked the car in question with respondent no.1 after depositing Rs.10000/- cash and at that time, it was asked to the complainant that there is waiting of two months of the car.  Rather, the complainant asked by the respondents that he was not interested to purchase the said car and his booking may be cancelled and booking amount be returned to him.    The respondents asked the complainant that he will only entitled to get Rs.7000/- after getting deducting of Rs.3000/- as booking charges. The respondents are ready to make the payment of Rs.7000/- to the complainant after deducting the amount of booking charges.

3.        We have heard the arguments advanced of both the parties at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        In the present case, there is no dispute with regard to the fact that the complainant has booked the car in question and has deposited Rs.10,000/- as booking charges with the respondents.

          Ld. Counsel for the respondents has submitted that the complainant had booked the car in question with respondent no.1 after depositing Rs.10000/- cash and at that time, it was asked to the complainant that there is waiting of two months of the car.  Rather, the complainant asked by the respondents that he was not interested to purchase the said car and his booking may be cancelled and booking amount be returned to him.    The respondents asked the complainant that he will only entitled to get Rs.7000/- after getting deducting of Rs.3000/- as booking charges. The respondents are ready to make the payment of Rs.7000/- to the complainant after deducting the amount of booking charges.

          In our view, the ends of justice would be fully met if the directions are given to the respondents to refund the amount of Rs.10,000/- to the complainant and to compensate the complainant to the tune of Rs.2000/- for causing unnecessary harassment to the complainant.  We order accordingly.

                  With these observations, findings and directions, the

present complaint stands allowed.

          Certified copy of this order be provided to both the parties free of cost.

File be consigned to the record-room.

 

 

(Prabha Wati)        (DV Rathi)                 (Nagender Singh-President)

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

 

Announced:18.12.2015.