Delhi

New Delhi

CC/01/2007

Neeraj Jain & Anr. - Complainant(s)

Versus

M/S. Maruti Udyog Ltd. - Opp.Party(s)

08 Aug 2017

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No./01/2007                                                                                Dated:

In the matter of:

SMT. NEERAJ JAIN

W/O SHRI RAJ KUMAR JAIN,

C-17 SHAKTI NAGAR EXTENSION DELHI 1100052

 

 

 

                                                                        ……..COMPLAINANT

VERSUS

 

1. MARUTI UDYOG LIMITED

11^TH FLOOR , JIWAN PRAKSASH BUILDING,

25 , KASTURBA GANDHI MARG, NEW DELHI

2. ROHAN MOTORS LIMITED C-8-9, SECTOR I NOIDE, DISTRICT GHAZIABAD, U.P. 201301

 

 

 

………. OPPOSITE PARTY

 

 

 

 

                                                   ORDER

H.M. VYAS, MEMBER

25 is an old case.

The complainant has paid the registration amount of 25000/-  for booking of Maruti Zen Car vide DDNo 447513 dated 19-01-1996 resulted in providing her the allotment No 5900Z01118 &  priority No 01118 dated 30-04-1996 . It is stated that after long waiting she wrote a letter dated 23/11/2005 followed by another letter dated 20-12-2005 which were not even acknowledged by OP and so a notice of demand was sent to OP1 & OP 2 by registered post. The OP 1 replied to the said notice through its advocate. It is stated in the said reply to notice by OP that the amount was refunded along with interest to the complainant vide cheque No 154972 dated 14.01.1998 .It is stated in the complainant that no such cheque was ever delivered to the complainant . As per the booking instruction No 21 it is clearly provided that the account payee refund order shall be delivered  to the complainant . It is stated that neither the booking amount has been refunded with interest to the complainant nor the car. Following prayer is made:-

The complainant has prayed that an award to the tune of Rs. 98250/- as per details mentioned in para no. 8  be passed in favour of the complainant and against the respondents.

The Para no. 8 of the complainant  as follows:

   The complainant has thus suffered mental loss, agony harassment for paying several time visits to the respondents and the complainant is this entitled to the following amounts.

1. Principal amount                                                                            Rs. 25,000/-
2. Interest at the rate of

9% p.a. w.e.f. 01.02.1996 till                                                       

1.                                                                                      Rs. 19,250/-

3. Compound interest on the above

   said mount at the above said rate                                             Rs. 14,000/-   

 

4. Mental harassment,agony

   Conveyance charges and

   expenses for incurring

   To and fro.                                                                                       Rs. 30,000/-

5. Litigation expenses                                                                        Rs. 10,000/-

 

   Total                                                                                                  Rs. 98,250/-

 

The OP 2 was exparte on 31/01/2008. The OP 1 has filed version/ reply to the complaint and denied all allegations leveled in the complaint. It is stated that there is no cause of action / allegations made are covered under the term “ Complaint “ as per section 2 (1)(e) of the Consumer protection  Act1986; and  that no loss or damage has been caused to complainant .It is ,however, not denied that the OP invited applications for registration / booking in 1996 under prescribed application form along with initial booking amount of Rs 25000/-.The booking was subject to certain terms & conditions and in the event cancellation , the booking deposit along with agreed rate  of interest7% @ p.a. was payable . The  OP conducted draw of lots for  allotment of vehicle and issued allotment card for future .The original allotment card and a copy of customer’s application form are the  only documents to prove the booking in favour of any particular person .The complainant failed to produce these documents to substantiate his claim against the allotment number in complaint . It is further stated that the allotment number 590Z01118 stands cancelled on 14.01.1998 and amount was refunded vide payment order 154972. The original allotment card and customer’s copy of application form required have not been placed on record by the complainant and so the complainant has not substantiated his allegation. The complaint is not entitled for refund with interest  and compensation amount has already been refunded in the year 1998 . Prayer to dismiss the complaint is made by OP1.

The complainant in the rejoinder, has denied the contents of  the WS and refuted in to- to asserting  that the amount has  not been refunded to her . It is further stated that the OP has failed to state that at which bank /branch, the  cheque No 154972 dated 14.01.1998 was drawn in favor of the complainant and under the booking instruction (21)  of the OP 1 . Both the parties have filed their respective evidence by the way of affidavit and written arguments . The complainant also addressed oral arguments.

 The facts regarding the booking of Zen car and depositing sum of Rs 25000/- are admitted. The only issue is whether the amount of Rs 25000/- was refunded by the OP to the complainant or not.

The terms, conditions and instructions (T&C) for booking are also admitted by both the parties. Clause 21 of the said T & C is reproduced below:-

Clause 21 :-

“An accepted booking can be cancelled at any time only after the Issue of allotment certificate. Notice of cancellation should be sent t any Maruti dealer accompanied by original allotment certificate and original stamped customer’s copy of the booking form. It would take approximately four to six weeks for the refund order to be malled by Maruti Udyog Limited . and the amount would be refunded by means of the Account Payee refund order, which would be sent of the dealer for handling over / mailing to the cutomer. The interest applicable will be as calculated in clause 12 above . Once a cancellation has been made the booking cannot be reinstated. “

 

The OP has not placed any document showing that the complainant surrendered the original documents for cancellation of booking , though it is   stated in the evidence of OP that the complainant would have surrendered the documents for cancellation of booking. It is the case of OP that the amount was refunded in Jan 1998 and, therefore the original documents must be in possession of the OP when the case of complaint is that OP has not refunded the amount in question, it was the duly of OP to produce encashment record of the refund order/cheque. The OP has also not filed the details regarding encashment of the account payee refund order in favor of the complainant. In such facts & circumstances we are of the view that OP is liable for adverse inference,  had the cheque/ refund order of OP been encashed by the complainant the OP would have produced it. The failure of OP to produce encashment record indicates the said cheque/ refund order was not encashed by the complainant making OP liable for refund of said amount.

 In view of above discussion the OP shall refund the amount of Rs 25000/- with 10% P.a simple interest to the complainant from date of deposit till the date  of refund .  The orders be complied by OP1 within 30 days of receipt of this order. The complaint is disposed of in above terms.

Copy of orders be sent to the parties free of cost by post as per statutory requirement.

Order be uploaded on www. Confonet.nic.in.

Pronounced in open Forum on 08/08/2017.

File be consigned to record Room

 

                                                   (S K SARVARIA)

                                                      PRESIDENT

 

                                                                            

 

(NIPUR CHANDNA)                                                                           (H M VYAS)

          MEMBER                                                                                MEMBER