Haryana

Ambala

CC/53/2023

KULDEEP SINGH. - Complainant(s)

Versus

ROYAL MOTORS. - Opp.Party(s)

RAJDEEP SINGH,ADV

09 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	53 of 2023
Date of Institution	:	10.02.2023
Date of decision	:	09.05.2024

Kuldeep Singh Son of Sh. Gurcharan Singh, Village Pind Jakhda Kalan, Tehsil Rajpura, District Patiala, Punjab. Mb. No.89685-23494

……. Complainant

Versus

1. Royal Motors, 170/10, Rai Market, Ambala Cantt.-133001 (Through its Manager)
2. Royal Enfield (Regional Office), 7 HSIDC, Old Palm Gurgaon Road, Sector-18, Gurgaon-122005 (Haryana), (Through its M.D.)

….…. Opposite Parties

 Before:        Smt. Neena Sandhu, President.

                       Smt. Ruby Sharma, Member,

           Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Rajdeep Singh Sandhu, Advocate, counsel for the complainant.

                    Shri Balbir Singh Jaspal, Advocate, counsel for the OPs.

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund the booking amount of Rs.10,000/- alongwith interest @18% p.a.
2. To pay compensation of Rs.1,50,000/- causing mental agony, harassment to the complainant.
3. To pay Rs.11,000/- as litigation expenses.
4. Grant any relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of this case are that on 04.11.2021 the father-in-law of the complainant namely Ram Kumar placed an order for purchase of Royal Enfield Motorcycle 350 EFI Black to the OP No.1 for giving the same as gift in marriage of his daughter Ranjeet Kaur, who is the wife of the complainant. Marriage was fixed on 01.12.2021 with Kuldeep Singh son of Sh. Gurcharan Singh i.e. the complainant, for which he deposited the booking amount of Rs.10,000/- vide Booking Receipt Voucher No.BKG000111DE00600 in the name of Kuldeep Singh, with an assurance that the motorcycle will be delivered to the complainant before marriage. On 25.11.2021 the complainant along with his father-in-law went to the showroom of the OP No.1, but its representative told the complainant that the above mentioned Motorcycle will be handed over to the complainant after 05 days i.e. up to 30.11.2021. Thereafter, again the complainant went to the showroom of the OP No.1 for taking the delivery of the motorcycle but the OP No.1 told the complainant that it is unable to deliver the above motorcycle as it has not reached from OP No.2. At the time of booking, OP No.1 promised to deliver the abovesaid motorcycle before the date of marriage but they did not do so, as a result of which, the father-in-law of the complainant and the complainant had to face a lot of remittance in the society and in front of the relatives, which also caused lot of harassment, mental agony and physical and monetary loss to the complainant. The complainant approached OP No.1 to return the booking amount with interest but to no avail. Earlier also, a consumer complaint on the same cause of action was filed by the father-in-law of the complainant however the same  was withdrawn by him as he was not the registered owner of the Motorcycle and therefore, the present complaint is filed with better particulars.
3.           Upon notice, OPs appeared and filed written version wherein while admitting the factual matrix of the case regarding receipt of payment of Rs.10000/- as booking amount in respect of the motorcycle in question,  took numerous objections to the effect that the complainant has made false and misleading statements in his complaint and has presented frivolous, baseless, concocted grounds; the complainant has not come before this Commission with clean hands and has suppressed true and material facts; the present complaint is not maintainable etc. On merits, it has been stated that on 4.11.2021 One Ram Kumar had visited the show room of OP No.1 and placed an order for purchase of the Royal Enfield Motor Cycle 350 EFI Black vide booking no. BKG000111DE00600. OP No.1 had explained all the terms and conditions of the booking to Ram Kumar and tentative date of delivery was given 4.11.2021. No commitment was given by OP No.1 that the motor cycle in question will be delivered on particular date. After booking, the complainant or Ram Kumar who had booked the motor cycle never visited the premises of OP No.1 and OP No.1 never refused to return the booking amount. As per the terms and conditions of the booking, no interest can be claimed on cancellation of booking on the booking amount. OP No.1 is still ready and willing to return the booking amount to the person who had booked the motor cycle. Rest of the averments of the complainant were denied by the OPs and prayed for dismissal of the present complaint with exemplary costs.
4.           Learned counsel for the complainant tendered affidavit of the complainant and affidavit of Ram Kumar son of Bhoola Ram, R/o 15, Saraswati Vihar, Tehsil and District Ambala as Annexure CW1/A and CW2/A respectively alongwith documents as Annexure C-1 to C-6 and closed the evidence on behalf of the complaint. On the other hand, learned counsel for the OPs tendered affidavit of Harminder Jit Singh, Proprietor/Managing Director of OPs-Company-Royal Motors, Ambala Cantt as Annexure RA alongwith documents as Annexure R-1 to R-2 and closed the evidence on behalf of OPs.
5.           We have heard the learned counsel for the parties and have also gone through the case file.
6.           Learned counsel for the complainant submitted that by neither delivering the motorcycle in question by the committed date as a result of which the father-in-law of the complainant could not gift it to his daughter on her marriage nor refunding the amount of Rs.10,000/- paid as booking amount qua the said motorcycle, the OPs are deficient in providing service and  indulged into unfair trade practice.
7.           On the other hand, learned counsel for OPs while reiterating the objections and contentions raised in the written version submitted that no commitment was made by the OP No.1 for delivery of the motorcycle in question on particular date only tentative date was given, therefore the OPs cannot be held deficient.  
8.           It may be stated here that in order to prove this fact that the marriage of the complainant-Kuldeep Singh was solemnized on 01.12.2021, the complainant has placed on record the marriage card, Annexure C-3. It is also the definite case of the complainant that despite the fact that it was promised by the OPs that the motorcycle which was to be gifted by the father-in law of complainant to her daughter, on her marriage, was booked with the OPs that it will be delivered on 04.11.2021, but they failed to deliver the motorcycle, till the date of marriage or even thereafter also. It is significant to mention here that we have gone through the contents of Booking Receipt Voucher, Annexure C-1 and found that the OPs received booking amount of Rs.10,000/- from the complainant and given tentative date as 04.11.2021, for the delivery of the motorcycle. In condition no.9 of the said Receipt Voucher, it is clearly mentioned that “….Delivery date mentioned is tentative. The delivery schedule will be based on the physical stock availability of the motorcycle..”  It is an admitted fact that the motorcycle in question has not been delivered to the complainant by the OPs, despite receiving booking amount. In the written version, no plausible reason has been given by the OPs as to why they failed to give delivery of motorcycle to the complainant. It has been simply stated that the date of delivery of motorcycle was tentative therefore the OPs cannot be held deficient. The OPs have not place on record the physical stock registered showing the availability of the motorcycle in November and December 2021. By not giving the delivery of the motorcycle to the complainant against his booking by the tentative date or even thereafter, OPs have not only caused humiliation to the complainant but have also caused mental agony and physical harassment to him.  The OPs are therefore not only liable to refund the amount of the complainant but are also liable to compensate the complainant for the mental agony, harassment and humiliation caused to him alongwith litigation expenses.   
9.           In view of aforesaid discussion, we hereby allow the present complaint and direct the OPs, in the following manner:-

1.   To refund the amount of Rs.10,000/- alongwith interest @6% p.a. from 04.11.2021, i.e the date of payment, till its realization.
2.   To pay lumpsum amount of Rs.4,000/- as compensation for the mental agony and physical harassment suffered by the complainant and also litigation expenses.

                    The OPs are further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OPs shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

 Announced:- 09.05.2024

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President