DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, CAMP COURT AT AMRITSAR, PUNJAB.

 

Complaint Case No : RBT/CC/2018/200

Date of Institution : 16.03.2018/29.11.2021

Date of Decision : 16.08.2022

Amarjit Kaur w/o Ranjit Singh resident of Village Gujjarpura, PO and Tehsil Ajnala, District Amritsar. …Complainant

Versus

1. Novelty Hyundai, Court Road, Amritsar through its Authorized Signatory.  

2. Amit Kalia, Manager/Sales Representative of Novelty Hyundai, Amritsar. 

3. Harjit Singh, Salesman of Novelty Hyundai, Amritsar. 

…Opposite Parties

Complaint U/S 12 and 13 of The Consumer Protection Act as amended upto date.

Present: Sh. Kuljeet Singh Kamboj Adv counsel for complainant.

Sh. Mohan Arora Adv counsel for the opposite parties.

Quorum.-

1. Sh. Ashish Kumar Grover : President

2. Sh. Navdeep Kumar Garg : Member

(ORDER BY ASHISH KUMAR GROVER PRESIDENT):

    The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The complainant filed the present complaint under Section 12 and 13 of the Consumer Protection Act against Novelty Hyundai, Amritsar and others. (in short the opposite parties). 

2. The facts leading to the present complaint as stated by the complainant are that the complainant approached the opposite parties showed her willingness to purchase Hyndai Xcent car through CSD invoice and opposite parties told that if the complainant will purchase car through CSD invoice it will take time of about 4-5 months as CSD facility for said vehicle is not available at present and assured that if the complainant will purchase the car at this stage through sale invoice they will deduct the amount of CSD invoice from the sale invoice and will hand over the remaining amount to the complainant as and when CSD bill will be handed over to them and it was also assured by the opposite parties that if the complainant purchase car at this time the opposite parties will give free full insurance of the vehicle and same will not have any concern with CSD bill. The complainant bonafide believed the version of the opposite parties and purchased the car Xcent 1.2 CRDI White and paid a sum of Rs. 1,62,000/- in cash and remaining amount of Rs. 6,06,000/- got financed from HDFC Bank and total paid a sum of Rs. 7,68,000/- which also included registration certificate, road tax, insurance through the sale invoice. The opposite parties delivered the possession of the vehicle and issued invoice only for a sum of Rs. 7,15,012/- on 27.7.2017. 

3. It is further alleged that the complainant obtained CSD invoice which was for a value of Rs. 6,11,837/- dated 28.12.2017 and when the complainant approached the opposite party and handed over the said CSD bill and requested them to refund the amount of Rs. 1,56,163/- and they assured that they will make the said payment but later on started postponing the matter. The complainant many times requested the opposite party to refund the amount but to no effect, which amounts to deficiency in service and unfair trade practice. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite parties may be directed to refund the amount of Rs. 1,56,163/- alongwith interest at the rate of 12% per annum.   

2) To pay Rs. 1,00,000/- on account of compensation for mental agony and harassment. 

3) To pay litigation expenses.

4) Any other relief to which the complainant is found entitled. 

4. Upon notice of this complaint, the opposite parties filed written statement taking preliminary objections that the complaint is not legally maintainable as no cause of action in favour of the complainant to file the present complaint. The opposite party No. 1 offered the excess amount received from her after adjusting the CSD invoice from the original invoice but the complainant is adamant to get undue amount from the opposite parties. As per account statement an amount of Rs. 83,795/- as excess amount is lying with the opposite party No. 1 which was offered to her but due to adamant behavior of complainant and her son they are accepting the said amount and demanding undue amount from the opposite parties. The car was purchased by the complainant from the opposite party No. 1 vide invoice dated 27.7.2017 for Rs. 7,15,012/-. At the time of purchase of car it was informed by the complainant that she wants to purchase the car on CSD invoice and it was informed to the complainant that whenever approval note will be received by the complainant from CSD department excess amount received by the opposite parties will be adjusted. Beside this other amount was also spent by the opposite parties on account of insurance, accessories etc. Later on in the month of December complainant had visited the opposite parties and submitted CSD purchase order of dated 28.12.2017 and thereafter after adjusting the account of the complainant excess amount of Rs. 76,150/- by way of cheque was offered to the complainant but she demanded back amount of Rs. 1,56,163/- without verifying the account statement. It was also informed to the complainant that whenever RC will be applied and whatever amount will be spent and after deduction of discount amount excess amount after depositing of RC charges will also be return back to her but she refused to accept the total amount of Rs. 83,795/-. The opposite party No. 1 received total amount of Rs. 7,68,130/- from the complainant out of which cost of car is Rs. 6,11,837/-, RC charges Rs. 46,021/- and discount adjustment are Rs. 27,363/- and cash discount Rs. 886/- was also provided to the complainant alongwith discount of Rs. 15,323/- on insurance and Rs. 2,906/- discount on accessories was provided to the complainant and after settlement excess amount comes to Rs. 83,795/- which is opposite party No. 1 is ready to refund back to the complainant. 

5. On merits, it is admitted that complainant visited the opposite parties to purchase the car on CSD invoice and it was informed to the complainant that after receiving CSD invoice excess amount will be refunded to her. The insurance discount and accessories discount was also provided to the complainant. It is also admitted that complainant paid cash amount of Rs. 1,62,000/- and other amount was got financed from the bank. The amount of Rs. 10,000/- which was received by the opposite parties from the son of the complainant as booking charges also transferred in the account of the complainant. In total the opposite parties received Rs. 7,68,130/- from the complainant. It is admitted that car was delivered to the complainant against invoice dated 27.7.2017 for Rs. 7,15,012/-. It is admitted that CSD invoice for amount of Rs. 6,11,837/- was handed over to the opposite parties by the complainant but complainant refused to accept the final amount of Rs. 83,795/- from the opposite parties. There is no deficiency in service on the part of opposite parties. Lastly, the opposite parties prayed for the dismissal of the present complaint with costs. 

6. The complainant tendered in evidence her own affidavit Ex.CW-1/A alongwith documents Ex.C-1 to Ex.C-5 and closed the evidence. 

7. To rebut the case of the complainant the opposite parties  tendered in evidence affidavit of Rajesh Kakaria Ex.OP-1, self attested affidavit of Amit Kalia Sales Manager Ex.OP-2, copy of resolution Ex.OP-3, copy of power of attorney Ex.OP-4, copy of insurance policy  Ex.OP-5, copy of purchase order Ex.OP-6, copy of authority letter Ex.OP-7, copy of sale certificate Ex.OP-8, copy of cheque dated 8.1.2018 of Rs. 76,150/- Ex.OP-9, copy of invoice dated 29.12.2017 Ex.OP-10, copy of ledger account Ex.OP-11  and closed the evidence.   

8. We have heard the learned counsel for the parties and gone through the record on the file. 

9. It is admitted fact between the parties that the complainant purchased the car from the opposite parties. It is also admitted by the opposite parties that it was informed to the complainant if she wants to purchase the car on CSD invoice then whenever approval note will be received by the complainant from the CSD department excess amount received by the opposite parties from the complainant will be adjusted. It is admitted fact between the parties that the opposite parties have received Rs. 7,68,130/- from the complainant. It is also admitted between the parties that the CSD invoice for an amount of Rs. 6,11,837/- was handed over to the opposite parties by the complainant. Now the main dispute between the parties is that the complainant demanded refund of Rs. 1,56,163/- from the opposite parties whereas the opposite parties are ready to refund the amount of Rs. 83,795/- as excess amount received from the complainant. 

10. The opposite parties filed copy of ledger account Ex.OP-11 in which all the details of the account of the complainant has been mentioned. The costs of car as per CSD invoice Ex.OP-7 is Rs. 6,11,837/- but besides costs of car Rs. 46,021/- as mentioned as RC charges, Rs. 15,323/- is mentioned as insurance charges and balance is for accessories charges and discount adjustments and after settlement excess amount of Rs. 83,795/- received from the complainant which the opposite party No. 1 is ready to refund. The complainant mentioned in the complaint that the opposite party promise to give free full insurance but she failed to prove this fact by way of any document. Further, she also failed to prove that how the amount of Rs. 1,56,163/- was due against the opposite party No. 1 after deducting the costs of car, RC charges, insurance charges and other accessories charges. In this way, the complainant failed to prove any deficiency in service and unfair trade practice on the part of the opposite parties. 

11. In view of the above discussion, there is no merit in the present complaint and same is accordingly dismissed. However, no order as to costs or compensation. The complainant is at liberty to collect the amount of Rs. 83,795/- from the opposite party No. 1, if she desires so.  Copy of the order will be supplied to the parties by the District Consumer Disputes Redressal Commission, Amritsar as per rules. File be sent back to the District Consumer Disputes Redressal Commission, Amritsar. 

ANNOUNCED IN THE OPEN COMMISSION:

        16th Day of August 2022

 

 

            (Ashish Kumar Grover)

            President

              

(Navdeep Kumar Garg)

Member