DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 203/2018
D.No.________________________ Date: ________________
IN THE MATTER OF:
1. Smt. PREETI PRATHAPAN
W/o SH. SHAILABH KISHORE,
2. SH. SHAILABH KISHORE,
S/o SH. NAND KISHORE,
BOTH R/o C-64, AASHIRWAD, SECTOR-2,
VAISHALI, GHAZIABAD-201010. … COMPLAINANT(S)
Versus
M/s MALWA AUTOMOBILES PVT. LTD.,
A-1/16,PRASHANT VIHAR
MAIN OUTER RING ROAD,
NEAR DISTRICT COURT COMPLEX,
ROHINI, DELHI-110085. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 20.03.2018
Date of decision:04.12.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainants have filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainants approached OP on 30.08.2017 and booked a car model TATA HEXA XM 4X2 7 SEATERfrom OP and paid a sum of Rs.50,000/- in cash as booking amount and OP issued a receipt bearing no. 506 dated 30.08.2017 and on the said receipt it was categorically mentioned that “Booking cancellation
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charges Rs.5000/-” and the complainant-1 initiated communication with her bankers for processing loan for the said vehicle and as per information given by the bankers to the complainant-1, the loan for the said vehicle could not be processed due to certain technical reasons. The complainants further alleged that the complainant vide e-mail dated 10.09.2017 informed OP about cancellation of the said booking through the sales representative Mr. Karanjeet stating that due to non-sanction of the loan, the complainant would like to cancel her booking for the above said vehicle and prior to the e-mail dated 10.09.2017, there was no communication regarding purchase of the vehicle in question between the complainant and OP. The complainants further alleged that complainants were shocked and surprised the said e-mail dated 10.09.2017 was replied on 10.09.2017 by one Mr. Sameer from the e-mail Id accountstata_rohinidel @malawagroup.co.in wherein it was stated as under: “this is to inform you that the vehicle was booked in last month i.e. August 2017. So, we had already allotted the chassis no. and blocked the vehicle in your name. So, in case of booking cancellation the booking cancellation amount of Rs.5,000/- will be deducted and CST & SGST @ 14% each will be deducted alongwith 15% Cess.” Thereafter, the said e-mail was duly replied by the complainant vide her e-mail dated 11.09.2017 and the complainant was informed that billing cannot be done without receiving full payment and also without any intimation by the customer and the
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complainant and her husband repeatedly requested the officials of OP to return the money and the complainant was ready and willing for the deduction of Rs.5,000/- and inspite of repeated request, no money was paid to the complainant. On 02.11.2017, OP sent an e-mail to the husband of the complainant-1 and stated that the vehicle in question was billed after confirmation from DSA alongwith the said e-mail OP also attached a purported confirmation letter issued by one M.K. Credits which is dated nil and does not disclose any details and the complainant not given any such confirmation to any DSA and the said letter was never within the knowledge of the complainant and is false and fabricated letter. Thereafter, the husband of the complainant vide e-mail dated 03.11.2017, replied to the said e-mail and expressed his shock as to how can an invoice be generated only on the basis of advance payment and no loan sanctioned and the said e-mail was replied by OP on 04.11.2017 reiterating that the vehicle in question was billed upon confirmation from the DSA and the husband of the complainant-1 on 04.11.2017 again wrote an e-mail to OP seeking response as to how a vehicle can be billed without any confirmation by the purchaser and upon payment of only advance amount and the husband of the complainant also sought a copy of the purported tax invoice which has been generated by the OP. Thereafter, on 06.11.2017, the complainant-2 issued a reminder to the OP regarding repayment of the money and response to the
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earlier e-mails. On 06.11.2017, OP replied to the e-mail sent by the complainant-2 and sent screenshot of some computer software which the e-mail claimed to be invoice. In the said document, the complainant-1 was shown as a Government Employee and the date of the invoice is 31.08.2017 i.e. just one day after the booking was done. Further, the complainant-1 through Counsel sent a legal notice dated 21.11.2017 to OP calling upon them to refund the money paid by the complainants, however, in spite of delivery of the said legal notice, no payment has been made by the OP so far and the complainant submitted that non-payment of booking amount by OP is an unfair trade practice and deficiency in service on the part of OP.
2. On these allegations the complainants have filed the complaint praying for direction to OP to refund the booking amount of the car of Rs.50,000/- alongwith interest @ 18% p.a. w.e.f. 30.08.2017 till the actual date of the realization as well as compensation of Rs.11,000/- for causing mental agony and harassment.
3. Notices to OP was issued through speed post for appearance on 04.06.2018 & 01.10.2018. But none for OP appeared on 04.06.2018 & 01.10.2018 despite service of notice on 05.07.2018 as per track report. Moreover, clerk of Counsel for the complainants also filed his affidavit of service to the effect that he went to the office of OP on 06.06.2018 and handed over dasti notice to
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Sh. Tarun Sharma, General Manager of OP and he refused to receive the notice and as such OP has been proceeded ex-parte vide order dated 01.10.2018.
4. In order to prove the case of the complainant-2 i.e. Sh. Shailabh Kishore i.e. complainant-2 filed his affidavit in evidence and also filed written arguments. The complainant has placed on record copy of receipt no. 506 dated 30.08.2017 issued by OP regarding receivingof amount of Rs.50,000/-, copies of e-mail communications between the parties and copy of legal notice dated 21.11.2017 sent by the complainant through the counsel to OP by speed post.
5. This forum has considered the case of the complainants in the light of evidence and documents placed on record by the complainants. The case of the complainantshave remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainants. Moreover, it appears that even after receiving notice of this case from this forum, OP has kept mum and has not bothered to answer the case of the complainants. It seems that OP has no defence in their favour.
6. As OP has failed to appear and has not lead any evidence and as such it seems that OP has no genuine defence. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
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7. Accordingly, OP is directed as under:-
i) To pay to the complainants an amount of Rs.45,000/- being the booking amount of the car which was paid by the complainants to OP.
ii) To pay to the complainant an amount of Rs.15,000/- as compensation for causing mental agony and harassment caused to the complainants which includes cost of litigation.
8. The above amount shall be paid by OP to the complainants within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving copy of this order, the complainants may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 4th day of December, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY :- SATYENDRA JEET
