ORDER

Complaint under  Sec.12 of the CPA 1986 as amended upto date

Sh. Rakesh Kapoor, President

          On 11.9.2012 the complainant had booked a TSR with OP – 1 and had deposited a sum of Rs.5000/- vide receipt no. 368 dated 11.9.2012.  He had further paid a sum of Rs.1,75,500/- in cash to OP -1 on 2.11.2012 vide receipt no. 392.  It is alleged by the complainant that he was shocked and surprised to receive receipts from the OP – 2 only for an amount of Rs.159469/- instead of the deposited amount of Rs.180500/- He had taken up the matter with the OPs for refund of the excess amount received by them but to no result. Hence,  the complaint.

     The complaint has been contested by the OPs. They have filed the W.S. and have claimed that the complaint is baseless misconceived and a gross abuse of the process of law.  They have claimed that the complaint is liable to be dismissed.

      On merits, the OPs have admitted that they had received a sum of Rs.1,80500/- from the complainant.  They have claimed that the sale price including the expenses on insurance, GPS and registration amounted to Rs.175500/- and they had offered the refund of Rs.5000/- received in excess to the complainant who had refused to accept the same.  They have claimed that the complaint is misconceived and is liable to be dismissed.

     We have heard arguments advanced at the bar and have perused the record.

     The complainant has placed on record the receipts issued to him by the OPs towards the cost of TSR, SPS insurance and other things.  The details of the receipts are as under: -

1. Sales Price of TSR                 Rs.1,37,820.00
2. Insurance                              Rs.     5,198.00
3. Road Tax/Registration        Rs.     3,350.00
4. DIMTS GPS Service              Rs.     2,700.00

TOTAL                                     Rs.1,62,468.00

The OPs on their part have not disputed these receipts.  They have also not placed on record any other receipt showing the same to be towards the cost of the TSR or for other services rendered to the complainant.  It is, therefore, clear that a sum of Rs.18032/- was received in excess by the OP s which they were bound to refund to the complainant.  Instead, of they have admitted offered a sum of Rs.5000/- only to the complainant who had refused to accept the same.  This was an act of unfair trade practice on the part of the OP .

  We therefore direct the OP jointly and severally as under:-

1.  Pay to the complainant a sum of Rs.18032/-  ( Rupees Eighteen Thousand thirty two only) alongwith interest @ 10% p.a. from the date of institution of this complaint i.e. 28.12.2012 till payment.
2.  Pay to the complainant a sum of Rs.7500/-(Rupees Seven Thousand Five  Hundred  Only ) as compensation for pain and agony which will also include the cost of litigation.

      The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  If the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

Copy of the order be made available to the parties as per rule.

File be consigned to record room.

      Announced in open sitting of the Forum on.....................