Haryana

Bhiwani

427/2010

Murti - Complainant(s)

Versus

Raghu Hundai - Opp.Party(s)

Arvind Sharma

05 Apr 2016

ORDER

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

 

 CONSUMER COMPLAINT NO.427 of 10

                                         DATE OF INSTITUTION: - 05.07.2010

                                                   DATE OF ORDER: -11.05.2016

 

Smt. Murti Devi wife of Shri Rajbir Sharma, resident of village Lohani, Tehsil and District Bhiwani.

           ……………Complainant.

 

VERSUS

 

Raghu Hyundai, Rohtak Road, Bhiwani through its authorized signatory.

………….. Opposite Party.

 

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT

 

BEFORE: - Shri Rajesh Jindal, President

  Smt. Ansuya Bishnoi, Member

 

Present:- None for the complainant.

       Shri R.K. Verma, Advocate for opposite party.

 

ORDER:-

 

Rajesh Jindal, President:

 

                 Brief facts of the present complaint are that the husband of complainant had purchased a car i10 SPORTZ 1. 2 imm BSIV Blushing Road from the opposite party and on that day, the complainant has to pay Rs. 4,44,602/- It is alleged that the OP have charged Rs. 24,000/- in excess from the complainant.  It is alleged that the opposite party has not returned the excessive amount to the complainant.  The complainant visited the office of opposite party many a times and requested to return his excess amount but in spite of the efforts made by him  the OP was not paid the excess amount to the complainant. The complainant further alleged that he also got served a legal notice dated 05.06.2010 but failed to comply with the same. The complainant further alleged that due to the act and conduct of the OP he has to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of OP and as such, he has to file the present complaint.

2.                  On appearance, OP filed written statement alleging therein that the complainant approached the answering respondent for purchase of one car.  It is submitted that the husband of complainant was told by the answering respondent that the value of the car was Rs. 444602/-, which includes the cost of car to the tune of Rs. 420602/- insurance charges Rs. 10,872/- and accessories to the tune of Rs. 14000/-.  It is submitted that after making the payment husband of complainant took the delivery of the car and has signed the satisfaction voucher and bill to the tune of Rs. 420602/- was issued to the husband of the complainant and insurance cover note was also given to him besides this accessories was also fixed in the car.  Therefore, there is no deficiency in service on the part of OP. It is prayed that the complaint be dismissed with costs.

3.                 In order to make out his case, the complainant has produced supporting affidavit alongwith complaint.

4.                In reply thereto, the opposite party has placed on record Annexure R-1 to Annexure R-10 alongwith supporting affidavit.

5.                 In this case nobody is appearing on behalf of the complainant since 29.10.2015.  Despite various adjournments, nobody appeared on behalf of the complainant to argue this case.  We have proceed to decide this case on the basis of the material on file.  We have heard the counsel for the OP and perused the record.

6.                 As per the contention of the complainant the OP have charged Rs. 24,000/- in excess from the complainant.  The complainant has not produced any cogent evidence in support of her contention.

7.                 On the other side as per the pleadings of the OP in the written statement the OP has pleaded that a sum of Rs. 444602/- has been charged from the complainant which includes Rs. 420602/- as cost of car, Rs. 10,872/- as insurance charges and Rs. 13,128/- for accessories.  The OP has tried to justify the payment of Rs. 444602/- made by the complainant to it by placing the photo copies of the documents Annexure R-1 to Annexure R-10.  At the time of arguments the counsel for OP produced the payment voucher dated 28.05.2010 for Rs. 10,100/- and statement of account showing the payment of Rs. 10,000/ to the complainant on 28.09.2011.  The counsel for the OP contended that the OP has refunded Rs. 20,100/- to the complainant which is supported by the aforesaid document.  From the perusal of the reply the OP has not pleaded the abovesaid facts in its reply.  It seems that the OP is not serious to give true facts by way of his reply in this complaint.

8.                 There is nothing on record on behalf of the complainant except the pleadings.  The complainant is supposed to file the relevant documents alongwith her complaint at the time of filing of the complaint.  The complainant despite availing a number of opportunities has not produced any cogent evidence in support of her contention.  The pleadings of the complainant do not find any support on the material available on the file and therefore the complaint of the complainant fails. 

9.                 There is gross negligence on the part of the OP by taking defence and his reply and the OP has tried to mislead this District Forum for just and proper decision of the complaint of the complainant.  In these circumstances the OP are burdened with a cost of Rs. 5,000/- which shall be deposited by him with this District Forum within 30 days from the date of passing of this order.  The Superintendent of this District Forum is directed to ensure the compliance of the order by the OP.  Certified copies of the order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

 

Announced in open Forum.

Dated: 11.05.2016.                                                  (Rajesh Jindal)

                                                                                       President,      

                                                                           District Consumer Disputes

                                                                           Redressal Forum, Bhiwani.

 

(Ansuya Bishnoi)            

                        Member.