Chandigarh

DF-II

CC/243/2019

Sh. Deepak Kumar - Complainant(s)

Versus

OLA Fleet Technologies Pvt Ltd - Opp.Party(s)

Rahul Verma Adv.

05 May 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	243 of 2019
Date  of  Institution	:	25.04.2019
Date   of   Decision	:	05.05.2021

 

 

 

 

Deepak Kumar s/o Sh.Khandu Lal, R/o Ward No.11, Kurali, SAS Nagar, Mohali, Punjab

             …..Complainant

Versus

OLA Fleet Technologies Pvt. Ltd., Deep Complex, Hallomajra, Chandigarh.

    ….. Opposite Party 

 

BEFORE:  SH.RAJAN DEWAN             PRESIDENT

         SH.B.M.SHARMA                     MEMBER 

                   SMT.PRITI MALHOTRA             MEMBER

                                                               

 

 

Argued by :-  Sh.Rahul Verma, Adv. for complainant.

 Sh.Dixit Garg, Adv. for OP

 

 

PER PRITI MALHOTRA, MEMBER

 

         Briefly stated, the complainant came to know about scheme launched by OP under which  a person by depositing Rs.21,000/- can get a Cab on lease under OLA Fleet Technologies Pvt. Ltd. for four years. As per the scheme, one can earn daily income by depositing Rs.875/- everyday.  Accordingly, the complainant contacted the OP and booked a cab on lease by paying Rs.4000/- on 5.3.2019 and balance was to be given after the delivery of the cab within a week (Ann.C-1).  It is stated that as per assurance given by Sh.Rakesh Kumar, Dealing Head that Cab will be delivered within a week, so the complainant also booked a driver to drive the cab on daily wages of Rs.500/- starting from 12.3.2019.  It is averred that the complainant also deposited Rs.1000/- with OP for driving test of his driver Sh.Surjit Singh (Ann.C-2).  It is also averred that the OP on 20.3.2019 also get conducted the verification of the complainant through state police officials and he paid Rs.50/- for police verification (Ann.C-3). Thereafter, the complainant kept on visiting the OP for getting the Cab, as per booking, but the official of the OP kept on delaying the matter on one pretext or the other and ultimately refused to provide the cab despite booking.  It is stated that due to the said act of OP the complainant suffered financial loss and harassment. Hence, this complaint has been filed.

 

2]       The OP has filed reply and while admitting the factual matrix about the launch of scheme in question, stated that as per terms & conditions of the company, for taking the Cab on lease, one has to deposit Rs.4000/-, as non-refundable fee, for the verification of documents, address and police verification etc.  It is submitted that the complainant deposited Rs.4000/- with the OP and in pursuance to the same, the verification of the complainant was sent to the agency, but the same was rejected due to negative remarks of his references.  It is also submitted that thereafter the complainant visited the office of OP and started misbehaving.  It is admitted that the complainant deposited Rs.1000/- for the driving test of the driver, which is mandatory before handing over the cab.  It is pleaded that complainant was clarified that Cab will be delivered after the clearance of the verification only. Denying all other allegations and pleading no deficiency in service, the OP has prayed for dismissal of the complaint. 

 

3]       Parties led evidence in support of their contention.

 

4]       We have heard the complainant in person, ld.Counsel for OPs No.1 & 2 and have gone through the documents on record.

 

5]       The OP in its reply has duly admitted that the complainant approached it under the scheme launched by it for providing Cab on lease on deposit of Rs.21,000/- under OLA Fleet Technologies Pvt. Ltd. for four year and can earned daily income by depositing fixed amount everyday.  It is also admitted that the complainant applied under said scheme and deposited an amount of Rs.4000/- on 5.3.2019 and another Rs.1000/- for driving test of his driver. 

 

6]       The OP for not delivering the Cab to the complainant as per said scheme, tried to justify by stating that under the scheme it was mandatory to get the verification conducted, which accordingly was done through a Verification Agency on the same day.  It is stated that after few days, the verification of the complainant was rejected due to negative remarks of his references, so the Cab was not handed over to the complainant in public interest. 

 

7]       The material on record reveals that the justification put-forth by the OP in its reply for not delivering the Cab to the complainant despite receipt of requisite amount on account of verification, is a bald assertion and devoid of any document in support.  The OP only relied upon the Verification Report briefing  negative  remarks of the complainant’s references; which has not been made part of the record for the reasons best known to it.  Thus the OP failed to prove its stand and hence found guilty of resorting to unfair trade practice. 

 

8]       In the reply, the OP also claimed that the complainant was made to know in advance that the amount paid for verification etc., is non-refundable.  At this juncture also, the plea of the OP is totally unjustified.  The absence of any verification report itself acclaims that no verification, as alleged, has been carried out by the OP and thus no question arise for forfeiting the amount, which remained unutilized by the OP for the purpose it was deposited with. Thus, the unfair trade practice adopted by the OP is well proved on record. 

 

9]       For the reasons recorded above, the complaint is allowed against the Opposite Party. The Opposite Party is directed to refund entire amount of Rs.5000/- (Rs.4000/-+Rs.1000) to the complainant and also to pay a compository amount towards compensation and litigation expenses to the tune of Rs.10,000/- on account of deficiency in service and for resorting to unfair trade practice.

          This order shall be complied with by the OP within 30 days from the date of receipt of its certified copy, failing which, it shall also be liable to pay additional cost of Rs.10,000/- apart from the above relief.

         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced                                                             

5^th May, 2021                                                           sd/-

                                      (RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

 

Sd/-

 (B.M.SHARMA)

MEMBER