Order-18.
Date-29/08/2016. .
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this case states that by seeing the lucrative advertisement published by the O.P. Nikunj Automobiles, complainant went to the office and spoke to the Director, Amit Srivastav who informed that company would purchase a new car for which the company would finance 70 percent to 80 percent and the rest 30 percent to 20 percent of the price of the car have to be paid by complainant and thereafter the car should be engaged by the O.P. company in any office on rental basis and monthly rent of the said car would be adjusted with the fuel cost and monthly EMI of the car and the rest amount would be paid by the O.P. company to the complainant. Complainant is driver of commercial vehicle. Complainant paid Rs.98,112/-for the purpose of purchasing a car Maruti Swift D-Zire on different dates. The car was supposed to be engaged in a Govt. establishment from 1st March 2015 on rental basis for a period of five years but the O.P. company neither purchased nor engaged the same in any company. The Director assured the complainant again and again but he did not buying car for complainant. The Director wanted the TATA Indica EVZ Car which belongs to complainant so that they can engage that car at Khidirpur Porton rental basis. For this service, the O.P. company again demanded Rs.25,000/-. Complainant paid Rs.25,000/- as service charge to the O.P. on 22/04/2015. But the O.P. failed to engage that car in Khidirpur Port. O.P. agreed to refund boththe amount i.e. Rs.98,112/- and Rs.25,000/- to the complainant without any interest and complainant had to make an application asking to refund the same. Complainant made two applications to the O.P. company but he did not receive any amount from the O.P. Complainant sent a legal notice to the O.P. O.P. also sent a legal to the complainant and informed the complainant that the same amount will be disbursed andcomplainant contacted with the O.P. O.P. told no amount will be disbursed and complainant did not receive any amount. Complainant learnt from locals that the O.Ps. are cheat. O.P.-1 committed unfair trade practice by publishing false and misleading advertisement and also committed deficiency in service and negligence by not keeping their promise to provide a new car. Complainant prays for refund of money of Rs.1,23,112/- along with prevailing bank interest, compensation of Rs,1,00,000/- for harassment and mental pain and cost of litigation of Rs.25,000/-.
O.P. contested the case by filing W.V. denying all the allegations made against him. O.P. states that complainant faced financial stringency and he requested this O.P. to arrange the financial assistance from the Bank and the O.P. accepted the said request of the complainant and told the complainant that the process of finance will take some time. In the mean timecomplainant sent a letter requesting to cancel the booking and accordingly O.P. cancelled the booking of aforesaid car. O.P. sent a letter on 21/09/2015 to the complainant stating that complainant will get two cheques after deduction of necessary charges i.e. Rs.98,112/- minus Rs.10,000/- for cancellation of booking car plus Rs.5,100/- for agreement plus Rs.2,100/- for verification charge plus Rs.5,000/- for offer letter charge plus Rs.5,100/- for service charge at loan amount plus Rs.11,000/- for processing fee plus Rs.2,100/- misc. charges and the two cheques were ready but complainant did not accept. Complainant has to pay cancellation charge and other charge. Complainant is duty bound to comply. Complainant violates the terms and conditions of the contract and as such complainant’s case is frivolous and the complainant made false allegations.
Decision with Reasons
On over all evaluation of complaint petition, written version and E/Chief and other documents on record, it is evident that the complainant being allured by the advertisement, published by the O.P. entered into an agreement with O.P. and paid Rs.98,112/- for purchasing a car which would be used on rental basis. O.P. was supposed to bear 30 percent of the price of the car but O.P. did not do so. It was a false promise rather advertisement. Nothing of that sort happened. Complainant after payment of the said amount pursued the O.P. for purchasing new car but O.P. tried to avoid complainant by stating that it would take some more time for purchase. But O.P. failed to purchase the car for complainant but the amount of Rs.98,112/- was retained with the O.P. O.P. has not also refunded the amount of Rs.25,000/- to the complainant. The advertisement was false and misleading one. Otherwise O.P. could have arranged for purchasing a car. At the time of refunding the money O.P. said that the complainant is not entitled to get back the full amount. Besides, complainant also gave his own car to the O.P. so that it can be used on rental basis. But O.P. failed to make any arrangement. Complainant lost his last source of income. The O.P. company has been set up for grabbing money from innocent complainant. O.P. makes profit in same way or other but unwilling to share the fruit of profit with complainant from whom he has taken money. In the name of cancellation fee for agreement, verification charge, offer letter charge, service charge at loan amount etc. O.P. wants not to refund money.
It is no doubt an unfair trade practice and complainant is entitled to get the money back along with compensation.
In result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed on contest against the O.P. with cost of Rs.10,000/-.
O.P. is directed to pay Rs.98,112/- plus Rs.25,000/- totalling of Rs.1,23,112/- to the complainant with interest at the rate of 9 percent p.a. w.e.f. 22/04/2015 i.e. the last date of deposit of money.
O.P. is further directed to pay 20,000/- to the complainant as compensation for causing harassment and mental pain and for duping the complainant.
O.P. is also directed to comply with the above order within one month from the date of this order, failing which, complainant will be at liberty to put the order into execution as mentioned in Section 25 read with Section 27 of the C. P. Act,1986.
