BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.430 of 2015

Date of Instt. 01.10.2015

Date of Decision :12.05.2016

Dr.Neeraj Kalra son of BS Kalra R/o House No.161, Tower Enclave, Phase-III, Jalandhar City.

..........Complainant

Versus

M/s Stan Auto Private Limited, GT Road, Opp.Delhi Public School, Jalandhar City-144010, through its authorized representative.

.........Opposite party

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Sh.Parminder Sharma (Member)

Present: Sh.Varinder Singh Adv., counsel for the complainant.

Opposite party exparte.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act against the opposite parties on the averments that complainant purchased Maruti Swift Dezire car bearing Chasis No.MA3FJEB1S00571538 Engine No.D13A-2407951 from OP vide invoice dated 25.8.2014 and paid lump sum Rs.6,50,927.01/- which included VAT, Surcharge, etc. The complainant submitted that the OP charged Rs.3500/- as other charges illegally from the complainant. The complainant requested the OP to explain as to why they have charged Rs.3500/- as other charges from the complainant but OP could not give any explanation. Complainant also served legal notice dated 6.6.2015 upon the OP through registered post but all is vain. On such averments, the complainant has prayed for directing the OP to refund Rs.3500/-. He has also claimed for compensation and litigation expenses.

2. Notice of this complaint was given to the OP but nobody has turned-up despite service and as such it was proceeded against exparte.

3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C3 and closed his evidence.

4. We have heard the Ld. counsel for the complainant, minutely gone through the record and have appreciated the evidence produced on record by complainant with the valuable assistance of Ld. counsel for the complainant.

5. From the averments of the complaint and the evidence produced on record by the complainant, it stands fully proved on record that complainant purchased Maruti Swift Dezire car bearing Chasis No.MA3FJEB1S00571538 Engine No.D13A-2407951 from OP vide invoice dated 25.8.2014 Ex.C1 and paid lump sum Rs.6,50,927.01/- which included VAT, Surcharge, etc. The complainant submitted that the OP charged Rs.3500/- as other charges illegally from the complainant. The complainant requested the OP to explain as to why they have charged Rs.3500/- as other charges from the complainant but OP could not give any explanation. Complainant also served legal notice dated 6.6.2015 upon the OP through registered post, postal receipt of which is Ex.C3 but inspite of that OP neither refund this amount Rs.3500/- nor put forwarded any explanation or details of this amount charged as other charges from the complainant. Learned counsel for the complainant submitted that all this amounts to deficiency in service rather unfair trade practice on the part of the OP qua the complainant.

6. The complainant proved these averments through his affidavit Ex.CW1/A and also proved on record invoice Ex.C1, legal notice Ex.C2. Evidence produced on record by the complainant remained unrebutted and unchallenged as none appeared on behalf of the OP despite proper service, to contest the complaint filed by the complainant nor any person from the OP dared to file affidavit to rebut the evidence produced by the complainant. It is the duty of the OP to explain for what purpose, they have been charging the amount from the consumer/customer but here in this case OP failed to explain the reasons for charging this amount Rs.3500/- under head “other charges” in the invoice Ex.C1. As such, OP is certainly in deficiency of service in charging this amount of Rs.3500/- from the complainant without any reason or explanation.

7. Consequently, we allow the complaint with cost and OP is directed to refund this amount Rs.3500/- to the complainant alongwith interest @ 9% per annum from the date of filing of the complaint till the payment is made to the complainant, within one month from the date of receipt of copy of this order. OP is also directed to pay Rs.2000/- as cost of litigation expenses. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Bhupinder Singh

12.05.2016 Member President