Versus
M/s. Revolt Motors through its Managing Director, Director/Authorized representative having its registered office at 697, Udyog Vihar, Phase-5, Gurugram, Haryana-122016. …..Opposite party
Complaint Under Section 35 of the Consumer Protection Act, 2019.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
MS. MONIKA BHAGAT, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Gaurav Saggi, Advocate.
For OP : Exparte.
ORDER
PER MONIKA BHAGAT, MEMBER
1. Briefly stated, the facts of the complaint are that after watching the advertisement of the opposite party, the complainant booked one motor bike make RV400/Rebel Red through booking ID RV400-RED-P118-FEB-MAR22-270574 on the official website of opposite party by paying booking amount of Rs.19,999/- on 22.10.2021 through his credit card. The opposite party promised to deliver the said bike between February to March 2022 on making balance amount by the complainant at the time of delivery. However, the opposite party never delivered the said motor bike on the promised date of delivery. As such, the complainant purchased another bike and opted to cancel the motor bike manufactured by the opposite party. However, whenever the complainant tried to cancel the booking on official website of the opposite party, a message was displayed “To cancel your order, kindly visit dealer at Ludhiana”. The complainant many times approached the opposite party through its customer care and emails but to no avail nor the opposite party has refunded the booking amount. The complainant sent a notice to the opposite party but to no effect. The complainant claimed to have suffered mental trauma due to deficiency in service on the part of the opposite party for which he is entitled to compensation. In the end, the complainant prayed for issuing direction to the opposite party to reimburse booking amount of Rs.19,999/- along with interest as well as compensation of Rs.1,00,000/-.
2. None turned up on behalf of the opposite party despite service of notice through publication in ‘Jansatta, Chandigarh Edition’ dated 11.06.2023 and as such, the opposite party was proceeded against exparte vide order dated 03.08.2023.
3. In support of his exparte claim, the complainant tendered his affidavit Ex. CA in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents Ex. C1 is the copy of receipt of booking amount, Ex. C2 is the copy of statement of credit card, Ex. C3 is the copy of screen shot, Ex. C4 to Ex. C11 are the copies of email, Ex. C12 is the copy of legal notice dated 22.07.2022, Ex. C13 is the postal receipt and closed the evidence.
4. We have heard the exparte arguments of the counsel for the complainant and also gone through the complaint, affidavit and annexed documents produced on record by the complainant. `
5. The exparte evidence lead by the complainant has gone un-rebutted on the file. Even otherwise, it inspires confidence. It is in evidence that the complainant booked motor bike make RV400/REBEL RED on the official website of the opposite party Revolt Motors under Revolt Payment Plan by paying a booking amount of Rs.19,999/- and this fact stands proved vide receipt Ex. C1. Even Ex. C2 statement of credit card of the complainant showed the debit of Rs.19,999/- on 22.10.2021 to Revolt Motors under automotive category. As the opposite party failed to deliver the bike to the complainant within promised period, the complainant decided to cancel the booking on the official website of the opposite party but as per message displayed on the screen the complainant was directed to visit dealer at Ludhiana to cancel the order (Ex. C3). The complainant has placed on record emails Ex. C4 to Ex. C11 sent to the opposite party in which the opposite party acknowledged receipt of payment and issue of cancelation but intentionally evaded the resolution of dispute. So the complainant was constrained to send legal notice Ex. C12 followed by filing of the present complaint. This clearly amounts to deficiency of services on the part of the opposite party. In the given circumstances, in our considered view, it would be just and proper if the opposite party is directed to refund Rs.19,999/- to the complainant along with interest @8% from 22.10.2021 till its actual payment along with compensation of Rs.5,000/- and litigation expenses of Rs.5,000/- to the complainant.
6. As a result of above discussion, the complaint is exparte partly allowed with an order that opposite party is directed to refund Rs.19,999/- to the complainant along with interest @8% from 22.10.2021 till its actual payment within 30 days from the date of receipt of copy of order. The opposite party shall also pay a compensation of Rs.5,000/- (Rupees Five Thousand only) and litigation expenses of Rs.5,000/- (Rupees Five Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of the copy of order. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.
7. Due to huge pendency of cases, the complaint could not be decided within statutory period.
(Monika Bhagat) (Sanjeev Batra) Member President
Announced in Open Commission.
Dated:11.10.2023.
Gobind Ram.
