DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

Case No.122/13

Surender Singh

S/o Sh. Swarup Singh

53, Saidulajaib, PO- Mehrauli

New Delhi -110030                                                         ….Complainant

Versus

M/s Renault Delhi, South

Sprint cars Pvt. Ltd.

A-5, Kailash Colony,

New Delhi.                                                                     ….Opposite Party

                                                          Date of Institution          : 11.03.03                                                         Date of Order     15.12.16

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

Complainant has filed the present complaint for issuing directions to the OP to deliver Duster RXL 85 PS, while colour, to pay interest on his paid amount to M/s Sprint Cars Pvt. Ltd. till delivery and to pay penalty for causing physical and mental harassment to the Complainant.

As per the averments made in the complaint, the Complainant paid Rs.50,000/- as registration amount  for duster  RXE 85 PS, white colour vide receipt No.9247 dated 24.12.12 to the OP. The OP stated at the time of booking that he could change the model at any time. After one week of registration, he requested the OP to change the model from duster RXE 85 PS to RXL 85 PS white colour. He changed the model on telephone as the OP had stated that no written request was required. The OP gave the written invoice proforma dated 10.02.13 of duster RXL 85 PS white colour and he paid Rs.457112/- on 14.02.13 through RTGS in the OP’s account. For balance of Rs.6 lacs he had applied for loan from his office and the same was sanctioned in the name of OP on 15.02.13. When he wanted to make the payment of Rs.6 lacs the OP refused to accept the same and stated that they can deliver Duster RXE 85 PS white colour instead of Duster RXL 85 PS. He requested the officials of the OP and visited the showroom in this regard many times but all in vain. Hence, there is a deficiency in service on the part of OP for not delivering the Duster RXL 85 PS.  Hence, this complaint.

          OP in the written statement has denied that the complainant had ever requested for change of model from RXE - 85 PS to RXL -85 PS.  It is stated that proforma dated 10.02.13 is only an invoice proforma and not a model proforma. It is stated that the payment was refused only with the reason that RXE model which the complainant is entitled to get the delivery was in transit and as per the company policy the company cannot received the entire payment from the customer before the delivery of the vehicle. It is submitted that it has already delivered the RXE model of vehicle to the complaint on 15.03.2013 and the complainant is not entitled to any compensation or legal expenses. OP has prayed for dismissal of the complaint.

Complainant has filed rejoinder to the written statement submitted by the OP.  It is stated that infact RXL 85 PS, Diesel, White Colour was delivered by the OP to the complainant only on 17.03.2013 at 11.35 a.m.  Reliance has been placed on the photocopy of the register being maintained by the security guard of the OP.

The complainant has filed an affidavit by way of evidence.

On the other hand, affidavit of Sh. Sushil Chaudhary, Manager (HR) has been filed in evidence on behalf of the OP.

Written arguments have been filed on behalf of the parties.

We have heard the complainant and have also gone through the file very carefully.

It is evident from the record that the complainant filed this case on 11.03.2013 and the OP delivered the vehicle on 17.03.2013 i.e. after filing of the case.  It is proved that the complainant filed the present complaint in this forum on 11.03.2013 and after receiving the notice, the OP delivered duster RXL 85 PS on 17.03.2013.  Delivery of RXL 85 PS by the OP to the complainant on 17.03.13 at 11.35 A.M. is further proved by photocopy of the register maintained by the OP which is Ann. IX (Ex.-11). Thus, the case of the OP that RXE 85 PS was booked by the complainant and later on model was not changed by him and that delivery of RXE 85 PS was given to the complainant  on 15.03.2013 is against the record and is falsified by document Ann. IX (Ex. 11). Hence there is a deficiency in service on the part of OP. We party allow the complaint and direct the OP to pay Rs. 10,000/- as compensation for causing harassment and mental agony to the Complainant within a period of 30 days from the date of receipt of copy of this order failing which the OP shall pay the said amount of Rs.10000/- to the complainant alongwith interest @ 6% p.a. from the date of filing of the complaint till realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulation. Thereafter file be consigned to record room.   

Announced on 15.12.16.