- Smt. Dipanwita Mukherjee,
Kanaipur, Baroarytala, P.O. Konnagar,
P.S. Uttarpara, Dist. Hooghly, Pin-712234. _________ Complainant
____Versus____
- M/s Concord Hyundai,
Concord Automotives Pvt. Ltd.
N.H. 6, Manshadanga, Jubillee Math,
Via Bankra Howrah – 711403.
- The Branch Manager,
Tata Capital Financial Services Ltd.
Kolkata 2 Branch Tata Capital Ltd.
7/1A, Laudan Street, Kolkata-17. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Smt. Samiksha Bhattacharya, Member
Order No. 9 Dated 29-09-2014.
The case of the complainant in short is that complainant and her husband had been using an old SAntro car since in the year 2004 for taking their mentally retarded son to different doctors and their chambers and training institute at Tollygung and Laketown, Kolkata. But they felt the necessity of a new car in place of their old car for their son.
On 21.7.12 complainant booked one Concord Hyundai Car of model i10 magna (1.2) at a price of Rs.58,807/- inclusive of insurance premium, taxes and other fees on payment of booking amount of Rs.5000/- in cash to o.p. no.1. O.p. no.1 agreed to purchase the old Santro car of complainant at the value of Rs.80,000/-.
O.p. no.1 issued a printed order booking form on 21.7.12 with certain terms and conditions. In condition no.2 it is stated that the car will only be delivered upon receipt of payment in full and all payments to be made by cheque / DD favouring the company payable at Kolkata. The said o.p. assured the complainant and her husband to give delivery of the car within 15 days positively from the date of full payment of the agreed price.
Complainant and her husband requested to o.p. no.1 for arranging financial help to be taken as loan from a financial company and o.p. no.1 introduced the complainant and her husband to o.p. no.2 for the purpose and o.p. no.2 agreed to extend the new car loan facilities to them after a talk to o.p. no.1 in the matter.
On 3.9.12 o.p. no.2 sanctioned loan of Rs.3,50,000/- for the car booked with o.p. no.1 in the name of complainant on condition of repayment by 60 EMIs @ Rs.8099/- effective from 3.10.12 till 3.9.17. The repayment of recovery shall be made through ECS.
On 3.9.12 o.p. no.2 handed over the loan amount of Rs.3,50,000/- to o.p. no.1 towards the price of the booked car without asking anything to the complainant and to her husband. Though full payment of the car was received by o.p. no.1 they neglected and failed to deliver the car to the complainant as per verbal commitment. Complainant and her husband made repeated request to o.p. no.1 for the immediate delivery of the car, but o.p. no.1 did not pay any heed and verbally assured to deliver the same without further delay. In fact o.p. no.1 despite full payment did not deliver the car at all for which complainant and her husband and son tremendously suffered and were put to immense inconvenience and practical difficulties. This fact was told to o.p. no.2 who started to realize EMI from the account no.74104000034210 of IDBI Bank, Branch – Konnagar, Hooghly, Pin-712234 through ECS on 3.10.12. But o.p. no.2 though verbally assured to the complainant and her husband to see that the car will be delivered to them without any further delay by o.p. no.1. Unfortunately nothing was done by o.p. no.2 in this respect which caused harassment, disappointment and untold mental agony.
Finding no other alternative complainant and her husband asked o.p. no.1 for cancellation of booking and to refund the total amount of money paid towards the price of new car and o.p. no.1 lastly refunded the amount of Rs.3,64,693/- by cheque being no.015045 drawn on Axis Bank Ltd. dt.20.4.13 favouring the o.p. no.2. O.p. no.2 acknowledged the receipt of the said cheque on 14.6.13.
O.p. no.2 realized from the complainant’s bank i.e. IDBI Bank, Branch – Konnagar, Hooghly, Pin-712234, being account no. 74104000034210, through 5 nos. of EMI and complainant being frustrated decided not to keep sufficient amount in her bank account so that o.p. no.2 cannot realize further EMI from her account from 3.3.13.
O.p. no.1 did not disclosed to the complainant as to why the car was not delivered to her in spite of full payment of price of the booked car within 15 days of the payment in full as per assurance and understanding. Hence, the case was filed by the complainant with the prayers contained in the petition of complaint.
Decision with reasons:
O.ps. did not contest the case by filing w/v and matter was heard ex parte against the o.ps.
It appears from the record that complainant on 21.7.12 booked one Concord Hyundai car of model i10 Magna (1.2) at a price of Rs.4,58,807/- inclusive of insurance premium, taxes and other fees of payment booking amount of Rs.5000/- in cash to o.p. no.1 and o.p. no.1 agreed to purchase the old Santro car of the complainant at a price of Rs.80,000/-. O.p. no.2 sanctioned loan of Rs.3,50,000/- for the car booked with o.p. no.1 in the name of the complainant on condition of repayment of 60 monthly installments @ Rs.8099/- effective from 3.10.12 till 3.9.17 and repayment of recovery shall be made through ECS. On 3.9.12 o.p. no.2 handed over the loan amount of Rs.3,50,000/- to o.p. no.1 towards the price of the booked car. O.p. no.1 received full payment but they neglected and failed to deliver the car to the complainant. O.p. no.2 started to realize EMI and unfortunately, nothing was done by o.p. no.2 and complainant finding no alternative asked o.p. no.1 for cancellation of the booking and refund the total amount of money for the new car and o.p. no.1 lastly refunded the amount of Rs.3,64,693/- by cheque and o.p. no.2 acknowledged the same. O.p. no.1 did not disclose to the complainant as to why the car was not delivered despite full payment and o.p. no.2 adopted unfair tricks and unfair trade practice as well.
In the context of the above position and findings and having close look on to the entire materials on record we are of the view that complainant has been able to substantiate and prove her case and is entitled to relief.
Hence, ordered,
That the case is allowed ex parte with cost against the o.ps. O.p. no.2 is directed to refund Rs.40,495/- (Rupees forty thousand four hundred ninety five) only for EMIs for October 2012, November 2012, December 2012, January 2013, February 2013 to the complainant and o.p. nos.1 and 2 are jointly and/or severally directed to pay to the complainant compensation of Rs.15,000/- (Rupees fifteen thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
