DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, CAMP COURT, AT AMRITSAR, PUNJAB.

 

Complaint Case No : RBT/CC/2018/197.

Date of Institution   : 15.03.2018/29.11.2021.

Date of Decision    : 18.07.2022.

Simerjeet Singh Sandhu son of Sh. Raghbir Singh resident of Near Nirmal Swami Ashram, Mall Road, Amritsar.    

                …Complainant Versus

S.V. Motors, G.T. Road, Amritsar through its Authorized Signatory authorized dealere of Chevrolet. 

                 …Opposite Party

 

Complaint Under Section 12 & 13 of the Consumer Protection Act, 1986, as amended upto date. 

 

Present: Sh. Kuljeet Singh Kamboj Adv counsel for complainant.

Sh. Mohan Arora Adv counsel for opposite party. 

Quorum:-

1. Sh. Ashish Kumar Grover : President

2.Smt. Urmila Kumari : Member

 

(ORDER BY ASHISH KUMAR GROVER, PRESIDENT):

1. The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The complainant has filed the present complaint Under Section 12 & 13 of the Consumer Protection Act, 1986 as amended upto date against S.V. Motors (hereinafter referred as opposite party).

2. Brief facts of the case are that the complainant approached the opposite party and placed an order for the purchase of Car make Chevrolet Cruze LTZ MT D/White and made payment of Rs. 10,000/- as advance amount vide receipt No. 623 dated 9.6.2017 towards booking charges. It is further alleged that however during this period Chevrolet Company stood closed and the complainant immediately approached the opposite party and requested to cancel the order and refund Rs. 10,000/- but the opposite party refused to do the same. It is further alleged that the official of the opposite party took the receipt from complainant on the pretext that they have to check the record but the said official went into a room and made a cutting and put remarks on the receipt in hand writing “Non Refundable Booking” which is illegal. Due to the above said act and conduct of the opposite party the complainant suffered mental agony and harassment and the same amounts to deficiency in service and unfair trade practice on the part of opposite parties. Hence, the present complaint is filed for seeking the following reliefs.- 

i)To refund the amount of Rs. 10,000/- alongwith interest @ 12% per annum from the date of entitlement till realization. 

ii)To pay Rs. 20,000/- on account of compensation and Rs. 15,000/- on account of litigation expenses. 

3. Upon notice of this complaint, the opposite party appeared and filed written version by taking preliminary objections interalia on the grounds of maintainability, no cause of action ever arose, present complaint has been filed with malafide intention, concealment of material facts etc. On merits, it is admitted that the complainant approached the opposite party for the purchase of the Car Cruze Chevrolet and paid Rs. 10,000/- as booking amount and receipt dated 9.6.2017 was duly issued to the complainant. It is further alleged that at the time of booking of the Car the complainant was duly informed that Chevrolet Company is going to close its business and if he interested to purchase a Car only then the Car will be ordered and will be sent by the Company and it was duly informed by writing/mentioning on the receipt that booking amount will not be refunded and the complainant agreed for the same. The said remark was made in the presence of the complainant and was made at the time of booking of the Car. All other allegations of the complaint are denied and prayed for the dismissal of complaint. 

4. In support of his case the complainant tendered into evidence his own affidavit Ex.CW1/A, copy of receipt Ex.C-1, copy of letter dated 14.6.2017 Ex.C-2 and closed the evidence.  

5. To rebut the case of the complainant the opposite party tendered into evidence affidavit of Sh. Rajesh Kakaria Ex.O.P1, copy of the general power of attorney Ex.O.P2 and closed the evidence. 

6. We have heard the Ld. Counsel for the parties and have gone through the documents placed on record by the parties. 

7. It is admitted fact between the parties that the complainant approached the opposite party and placed an order for the purchase of Car make Chevrolet Cruze LTZ MT D/White and made payment of Rs. 10,000/- as advance amount vide receipt No. 623 dated 9.6.2017 towards booking charges i.e. Ex.C-1. Ld. Counsel for the complainant argued that  during this period Chevrolet Company stood closed and the complainant immediately approached the opposite party and made a written request to the opposite party to refund the amount of Rs. 10,000/- Ex.C-2. Ld. Counsel for the complainant further argued that the official of the opposite party took the receipt from complainant on the pretext that they have to check the record but the said official made a cutting and put remarks on the receipt in hand writing “Non Refundable Booking”.

8. On the other hand, Ld. Counsel for opposite party argued that at the time of booking of the Car the complainant was duly informed that Chevrolet Company is going to close its business and if he interested to purchase a Car only then the Car will be ordered and will be sent by the Company. It is further argued that it was duly informed to the complainant by the opposite party in writing/mentioning on the receipt that booking amount will not be refunded and the complainant agreed for the same and the said remark was made in the presence of the complainant. Perusal of the receipt dated 9.6.2017 Ex.C-1 shows that there is cutting on the receipt in the line No. 5 and it further shows that the remark Non Refundable Booking has been written by someone and there is cutting in the line No. 5 wherein it has been written that “Booking Cancellation Charges Rs. 3,000/-”. Therefore, it is proved on the file that if the complainant wants to cancel the booking order in that event the amount of Rs. 3,000/- will be deducted from the booking amount and in the present case the complainant has paid Rs. 10,000/- to the opposite party as booking amount of the Car, so he is entitled to get Rs. 7,000/- only (i.e. Rs. 10,000/- minus Rs. 3,000/-) from the opposite party on account of cancellation of booking order. 

9. In view of the above discussion, the present complaint is partly allowed against the opposite party and the opposite party is directed to refund the amount of Rs. 7,000/- alongwith interest @ 6% per annum from the date of filing the present complaint to the complainant. The opposite party is further directed to pay Rs. 3,300/- on account of compensation and litigation expenses to the complainant. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order will be supplied to the parties free of costs by the District Consumer Commission, Amritsar as per rules.  File be sent back to District Consumer Commission, Amritsar. 

ANNOUNCED IN THE OPEN COMMISSION:

       18th Day of July, 2022

 

 

            (Ashish Kumar Grover)

            President             

 

(Urmila Kumari)

Member