1. Alleging deficiency of service and unfair trade practice the complainant filed this case against the O.Ps for refund of his advance deposited amount along with interest and compensation.
2.The case of the complainant is that he wanted to purchase a Hyundai Verma VTVT SX(O)( Mannual) from the O.P.No1 for a consideration of Rs.12,98,295/-.The complainant had been to the show room of the O.P.No.1 along with the O.P.No.2 for booking of the said vehicle and after received required documents the O.P.No1 has issued an order of booking on 28.11.2017 in favour of the complainant. After booking of the vehicle the O.PNo.1 asked the complainant to deposit a sum of Rs.50, 000/- in advance for the said booking. At the time of booking of the said vehicle the complainant has been assured by the O.P.No1 that the vehicle has available in the showroom of the O.P.No.1.Thecomplainant deposited Rs.50,000/- as advance before the O.P.No.1 as the O.P.No.1 assured the complainant to provide the vehicle forthwith. After booking the O.PNo.1informed the complainant that the model is not available in the show room and required to wait for week for delivery of the vehicle. But after lapse of week when the complainant again asked the O.P.No.1 told to the complainant to wait for one month for availability of the vehicle. But as the O.P.No.1 could not delivered the vehicle the complainant requested the O.P. No.1 on 30.1.2018 through an email to cancel the booking and refund the amount .Thereafter the O.P.No.1 asked the complainant to deposit the original money receipt. As per the advice of the O.PNo.1 the complainant deposited the original receipt on 6.2.2018 and the O.P.No1 received the same and told the complainant that he will credit the amount in the account of the complainant through cheque.Asthe deposited amount has not been returned by the O.P.No.1 the complainant forced to file this case against the O.P for a direction to refund of his advance amount along with interest and compensation.
3.Thecomplainant filed Xerox copy of the order booking form and receipt issued by the O.P.No.1 in favour of the complainant and also a quotation given by the O.PNo1about the purchase of the vehicle.
4. After being noticed the O.P No.2 appeared in this case and filed his counter. The case of the O.PNo.2 is that he was working as an agent before the O.P.No.1 .The O.PNo2furthersubmitsthat he has no knowledge regarding the delivery of original money receipt nor he is responsible for refunding of his deposited amount and pray for dismissal of the case against him. Though notice has been sent to the O.P.No.1 through R.P.withA.D, he could not appear in this case even if received the same as such he was set ex-parte.
5.The case has been taken up for hearing and the complainant shows the booking of the vehicle and the money receipt issued by the O.PNo1amounting Rs.50,000/- to the complainant where the O.P.No.1 also mentioned he had received the original receipt for refund on 6.2.2018 and also quotation issued by O.P.No.1 in favour of the complainant.
6.The point for determination in this case whether the complainant is a consumer against the O.Ps and whether the O.P caused deficiency of service and unfair trade practice against the complainant for not refunding his advance deposited amount and whether the complainant is entitle to get any relief.
7. The documents filed by the complainant shows that hehasdepositedRs.50,.000/- as advance for booking of the said vehicle and the receipt shows that the money has been taken by the O.PNo.1. For the new vehicle booking again he has received the same receipt for refund the deposited amount. The O.PNo1 could not appear in this case even if notice has been sent to him and did not resist any allegation made by the complainant against him. This shows the deficiency of service and unfair trade practice made by the O.PNo1.
Taking into consideration of the case of the complainant and documents filed by him so also submission made by the O.P.No.2 we allow the case of the complainant in part and direct the OP No1 to refund Rs.50,000/-(Rupees fifty thousand) only with usual interest till realization and pay compensation Rs.2,000/-(Rupees two thousand)only to the complainant within one month from the date of this order, failing which the complainant is at liberty to take steps against the O.P.No.1 for realization of awarded amount. The case against O.P.No.2 is dismissed without any cost.
Order pronounced in the open court under the seal and signature of the Forum this the 23rdh day of August, 2018.
