Haryana

Karnal

CC/593/2021

Sunny Kumar - Complainant(s)

Versus

Pandit Automobile Private Limited - Opp.Party(s)

06 Nov 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                      Complaint No. 593 of 2021

                                                      Date of instt.22.10.2021

                                                      Date of Decision:06.11.2023

 

Sunny Kumar (aged about 31 years) son of Shri Tara Chand, resident of village Muradgarh, Tehsil and District Karnal. Aadhar no.2226 8536 0286. Mobile no.99919 00090.

                                               …….Complainant.

                                              Versus

 

1. Pandit Automobile Pvt. Ltd. Gobind Puri, Bye Pass Road, Jagadhari, Yamuna Nagar.
2. Maruti Suzuki India Ltd. plot no.1, phase 3A, IMT, Manesar, Gurugram, Haryan-122051.
2.  

…..Opposite Parties.

       

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.

              Shri Vineet Kaushik…….Member

              Dr. Suman Singh……Member

          

Argued by:  Complainant in person.

                    Shri Rahul Bali, counsel for the OP no.1.

                    OP no.2 exparte, vide order dated 28.02.2023.

 

                    (Jaswant Singh, President)

ORDER:                     

          

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that on 03.08.2021, complainant has booked a vehicle Ertiga CNG with the OP no.1 at Jagadhari, Yamuna Nagar. At the time of booking of the said vehicle, the complainant has deposited Rs.11,000/- as booking amount. The proprietor of the OP no.1 namely Dhruv as well as saleman Puneet promised and assured the complainant that they will provide the aforesaid vehicle to the complainant within a month. On 18.10.2021, complainant received a whatsapp message that the vehicle booked by him has reached the premises of OP no.1 and he can take the delivery of the vehicle at any time. Moreover, the official of the OP no.1 also instructed the complainant that he will have to get the accessories for Rs.50,000/- which is compulsory at the time of purchase of new vehicle. Despite of getting the said whatsapp message, the officials of the OP no.1 also called the complainant and showed him four vehicles of the same model, which were standing in their godown.  Inspite of paying the booking amount to the OP no.1, complainant has not get the delivery of aforesaid vehicle till today. It is further averred that at the time of booking of aforesaid vehicle, complainant had sold his aforesaid Swift Dzire Car on the assurance of the OP no.1 as they promised the complainant that they will provide a new vehicle within a short span of time but they have failed to provide the same. Due to this act and conduct of the OPs, complainant has suffered harassment, mental pain and agony as well as financial loss. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OP no.1 appeared and filed its written version, raising preliminary objections with regard to maintainability; cause of action and concealment of true and material facts. On merits, it is  pleaded that the vehicle i.e. Ertiga VXI CNG Colour: Grey was booked on 03.08.2021 wherein it was specifically mentioned that delivery period/waiting period is upto 8 to 10 weeks from the date of booking Moreover, it was also agreed by the complainant. The booking form/order booking/check list was duly singed by the complainant. At the time of booking, complainant opted for grey colour vehicle, however after some time he himself opted for selecting white colour and the same was informed and it was taken in writing and the colour option was changed during the booking period. It is denied that Dhruv and Salesman Puneet promises and assured the complainant that they would provide the vehicle to the complainant within a month. All communication between the parties is in writing duly signed by both the parties. It is further pleaded that the relief claimed by the complainant has already become infractuous as the complainant has already taken delivery of the vehicle on 25.10.2021 and is unnecessarily continuing with the present litigation. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             OP no.2 did not appear but sent its written version through speed post. OP no.2 in its written version raising preliminary objections with regard to maintainability; cause of action; mis-joinder and non-joinder of parties and concealment of true and material  facts. On merits, it is pleaded that OP does not sell the vehicles so manufactured by it to any individual customer directly. The complainant entered into an independent transaction for purchase of the new vehicle by booking the vehicle with OP no.1 to which the OP was neither privy nor received any consideration for the same. There was no communication between the complainant and the OP and no assurance of any kind was given by the OP to the complainant. The booking amount was paid by the complainant to OP no.1 and the assurance of delivery of vehicle within a month was given by the OP no.1 to the complainant. The OP has no role to play in the said dispute and there are no allegations against the OP. There is no deficiency in service and unfair trade practice on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

4.             Parties then led their respective evidence.

5.            Complainant has tendered into evidence his affidavit Ex.CW1/A, copy of aadhar card Ex.C1, copy of booking order Ex.C2, copy of emails and reply Ex.C3, copy of receipt Ex.C4, copy of bill Ex.C5 and closed the evidence on 26.05.2022 by suffering separate statement.

6.             On the other hand, learned counsel for the OP no.1 has tendered into evidence affidavit of Dhruv Vashisht Ex.OW1/A, copy of delivery no.21009445 Ex.OP1, copy of receipts dated 25.10.2021 Ex.OP2 and Ex.OP3, copy of tax invoice/certificate cum policy schedule Ex.OP4, copy of tax invoice cum certificate of extended warranty registration Ex.OP5, copy of gate pass Ex.OP6, copy of form 21 Ex.OP7, copy of tax invoice Ex.OP8, copy of order booking/commitment checklist Ex.OP9 and closed the evidence on 24.05.2023 by suffering separate statement.

7.             On 28.02.2023 none has appeared on behalf of OP no.2, hence exparte proceeded initiated against the OP no.2 by the order of the Commission.

8.             We have heard the complainant and learned counsel for the OP no.1 and perused the case file carefully and have also gone through the evidence led by the parties.

9.             Complainant, while reiterating the contents of complaint, has vehemently argued that on 03.08.2021, he booked a vehicle Ertiga CNG with the OP no.1 at Jagadhari, Yamuna Nagar. At the time of booking of the said vehicle, he has deposited Rs.11,000/- as booking amount. The proprietor of the OP no.1 assured him that they will provide the aforesaid vehicle to him within 8 to 10 weeks but they have failed to provide the same as per their promise. Due to such act and conduct of OP, he has suffered mental harassment as well as financial loss and lastly prayed for allowing the complaint.

10.           On the other hand, learned counsel for the OP no.1, while reiterating the contents of written version, has vehemently argued that on 03.08.2021 complainant booked an Ertiga VXI CNG Colour: Grey car with the OP wherein it was specifically mentioned that delivery period/waiting period is upto 8 to 10 weeks from the date of booking. The booking form/order booking/check list was duly singed by the complainant. At the time of booking, complainant opted for grey colour vehicle but after some time he himself opted for selecting white colour and the same was informed by the complainant in writing and the colour option was changed during the booking period. The relief claimed by the complainant has already become infractuous as the complainant has already  taken   delivery of the vehicle on 25.10.2021 and  is  unnecessarily continuing with

 

the present litigation and lastly prayed for dismissal of the complaint.

11.           We have duly considered the rival contentions of the parties.

12.           Admittedly, complainant booked an Ertiga CNG car with the OP no.1. It is also admitted that complainant has deposited Rs.11,000/- as booking amount.

13.           Complainant has alleged that the officials of the OP no.1 assured the complainant that they will provide the aforesaid vehicle to the complainant within 8 to 10 weeks but they failed to provide the same. The onus to prove his version was relied upon the complainant but he has miserably failed to prove the same by leading any cogent and convincing evidence. Complainant has placed on file his affidavit Ex.CW1/A, copy of aadhar card Ex.C1, copy of booking order Ex.C2, copy of emails and reply Ex.C3, copy of receipt Ex.C4 and copy of bill Ex.C5 except these documents complainant has not placed on file any document to prove that OP no.1 assured the complainant that they will deliver the vehicle in question within 8 to 10 weeks. Rather OP has placed on file delivery order Ex.OP1 dated 25.10.2021, whereby complainant himself requested the OP to change the colour of the vehicle in question.

14.           Admittedly, complainant has already taken the delivery of the vehicle on 25.10.2021 but that facts has not been disclosed by him. To prove its version, OP has placed on file copy of delivery challan Ex.OP1, copy of receipts dated 25.10.2021 Ex.OP2 and Ex.OP3, copy of tax invoice/certificate cum policy schedule Ex.OP4, copy of tax invoice cum certificate of extended warranty registration Ex.OP5, copy of gate pass Ex.OP6, copy of form 21 Ex.OP7, copy of tax invoice Ex.OP8 and copy of order booking/commitment checklist Ex.OP9. On perusal of abovesaid documents, it is made clear that complainant has taken the delivery of the vehicle in question on 25.10.2021 after filing the present complaint i.e. on 22.10.2021. Complainant has taken the delivery of the vehicle in question on 25.10.2021 and the said fact has not been disclosed by the complainant at the time of leading his evidence as well as during the course of arguments. The complainant has concealed the true facts before the Commission. Complainant has taken the delivery of the car without any protest, if he has any grievance then why he has taken the delivery of the car on 25.10.2021 from the OP.

15.           Thus, as a sequel to abovesaid discussion, the present complaint is devoid of any merits and same deserves to be dismissed and same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance

Dated:06.11.2023.   

                           

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Suman Singh)

                     Member                        Member