Orissa

Jharsuguda

CC/12/2022

Sri, Gatikrishna Panda,S/O- Ramesh Chandra Panda - Complainant(s)

Versus

Propritor Manager Aakash Deep Motors Pvt.Ltd - Opp.Party(s)

Self

19 Sep 2022

ORDER

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JHARSUGUDA

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CONSUMER CASE NO.12/2022

Gatikrisahna Panda,

S/o- Ramesh Chandra panda,

Ro/Po/Ps- Banharpali,  

Dist.- Jharsuguda, Odisha………………………………..…….…………Complainant.

                                                 

Versus

 

1. Proprietor / Manager,

Aakash Deep Motors Pvt. Ltd.,Sambalpur,

Dist.- Sambalpur, Odisha…………………..…….……..Opp. Party

 

Counsel for the Parties:-

For the Complainant                              Self.

For the Opp. Party                               Sri Sachikanta Mishrra, Adv. & Associates.

 

Present:-     1. Smt. Jigeesha Mishra, President.

                     2. Smt. Anju Agrawal, Member.

 

Date of hearing- 24.08.2022                       Date of order- 19.09.2022

 

Smt. Jigeesha Mishra, President : - This is the case of complainant alleging deficiency in service  against the O.P.

1. The case of the complainant is that the complainant has booked one four wheeler ALKAZOR, Colour-P Black to the O.P/Aakash Deep Motors Pvt. Ltd.. on dt. 02.02.2022 and paid Rs.50,000/- only as advance out of total payment of Rs.19,34,384/- only.  The O.P has granted money receipt vide receipt No. 2063 dt.02.02.2022 on the term and condition that the O.P will deliver the said vehicle within one month, otherwise the deposited amount will be refunded to the complainant by the O.P.  The complainant went to the O.P on dt. 28.02.2022, as per the message received from the O.P to get delivery of possession of the said vehicle But the O.P has sold the vehicle and give assurance to complainant that he will supply the said vehicle within 15 days. But the O.P again failed to give delivery possession of aforesaid vehicle to the complainant. The complainant become annoyed asked the O.P to return back        

his advance amount of Rs.50,000/- only.  The O.P has committed deficiency in service.

2. The case of the O.P is that the O.P is a private company under the company Act and authorized dealer of Hyundai Motor India Limited.  The O.P admitted in his version that the complainant had paid Rs.50,000/ as advance to purchase ALKAZOR model of Hyundai vehicle.  The complainant has not deposited the financial documents for which reason the O.P had not delivered the car to the complainant.  The vehicle which was ordered for the complainant was with the O.P till 1^st March finding no other alternative, delivered the vehicle to another customer Gazala Parwin of Sambalpur. There is no any deficiency in service of the O.P.

3. Perused the documents and following issues are framed

Issues:-

1. Whether the O.P has committed deficiency in service?
2. What the complainant is entitled to get relief?

Issue no. 1:- Whether the O.P has committed deficiency in service?

The complainant is on 02.02.2022 made the order before the O.P and paid an advance of Rs.50,000/- only.  In support of payment the O.P issue a receipt. As per terms and conditions of the booking one month time has been granted by the O.P to file the required documents and payment.

The O.P submitted that the vehicle has been sold on 01.03.2022 finding no other alternative and to avoid financial loss to one Gazala Parwin.

From the order booking form of Gazala Parwin it reveals that on 25.02.2022 the vehicle was booked.  As per the statement of the complainant he went to O.P getting message to take delivery of possession on dt.28.02.2022.

From the sanction advice of Central bank of India, IB Thermal Branch it reveals that the loan was sanctioned on dt.22.02.2022 and on the call of the O.P, when the complainant went to the O.P on dt.28.02.2022 as the vehicle was already booked by Gazala Parwin, the O.P failed to provide the vehicle to the complainant.

From the aforesaid facts it is clear that the O.P failed to wait one month time given to the complainant and to get financial benefit ignored the complainant.

The issue is answered accordingly.               

Issue no. 2:- What the complainant is entitled to get relief?

From the aforesaid facts it is clear that the O.P is deficient in its service and the complainant is entitled for relief claimed for.

Accordingly the following order is made.

ORDER

            The complaint is allowed on contest.  The O.P. is directed to refund Rs.50,000/- ( Rupees fifty thousand) only along with 7% interest per annum with effect from 02.02.2022 from the date of filing of the case within one month from the date of receipt of copy of order to the complainant, if fails the O.ps will liable to carry 12% interest per annum till realization. Further the O.P is directed to pay Rs.30,000/- only towards compensation and  harassment of the complainant along pay a sum of Rs.2,000/- only towards cost of litigation to the complainant.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 19^th day of September’ 2022 under my hand and seal of this Commission.

Office is directed to serve copies of the order to the parties free of costs as per rule.

          I Agree              

1.  Agrawal, Member                               J.Mishra, President .          

Dictated and corrected by me

     J.Mishra, President.