Per : Mr. V. P. Utpat, President Place : PUNE
// J U D G M E N T //
(04/04/2013)
This complaint is filed by the owner of the car, who has purchased car from the opposite party, for deficiency in service. The brief facts are as follows,
1] The opponent no. 1 is dealer and the opponent no. 2 is manufacturing company of the car. The complainant booked car having model named “Rapid Elegance 1.6 TDCR MT (Diesel)”. He had paid an amount of Rs. 25,000/- on 27/10/2011. In the month of Nov. 2011, he had paid remaining amount of Rs. 10,08,000/- from his account. He had expected delivery of the car in the month of Nov. 2011. But the delivery of the car was prolonged from time to time and car was delivered on 22/12/2011. According to the complainant, the opposite party has not delivered the car, which was booked by him. He had accepted the model under protest. There was inordinate delay for delivery of the car, hence he has claimed interest @ 12% on the payment, which was made by him. He had also asked for compensation for mental and physical suffering for pursuing immediate delivery of the car. He had asked cost of the complaint and notice charges. The total claim of the complainant is of Rs. 3,99,600/-.
2] The opposite parties have filed common written version on 8/11/2012 and denied the contents of the complaint in toto. It is flatly denied that the opposite party agreed and assured to deliver the car as alleged by the complainant and there was no such agreement between the parties. It is further contended that the model, which is referred was not at all launched and it was not possible for the opposite party no. 1 to fulfill the demand, as made by the complainant. The averment as regards making payment is not denied by the opponents. But it is contended that the complainant had accepted the car without any protest and there is no grievance of the complainant at the time of accepting the delivery. The complainant was aware that manufacturing company of the car is situated at Aurangabad and the delivery was given at Wagholi godown at Pune. He was aware about the expected delay. There was no agreement between the parties about the delivery of the car on any specific date. Hence the complainant is not entitled for compensation and there is no deficiency in service. The opponents have prayed for dismissal of the complaint.
3] After scrutinizing the documents, which are filed on record and hearing the arguments of both counsel the following points arise for my determination. The points, findings and the reasons thereon are as follows-
Sr.No. | POINTS | FINDINGS |
1. | Whether the complainant is entitled for compensation on the count of delay in delivery of car? | In the affirmative |
2. | Whether the complainant is entitled for compensation for mental and physical sufferings? | in the affirmative |
3. | What order? | Complaint is partly allowed. |
.
REASONS :-
4] The opponents have admitted facts as regards the booking of car, as well as payments made by the complainant. It is not in dispute that the car is delivered to the complainant. According to the complainant, he has not received the car, which was expected by him. But it reveals from the record that the model, which was mentioned by the complainant was not yet launched, hence it was not possible for the opposite party to deliver the said model, as per expectations of the complainant.
5] It reveals from the record as well as admitted facts by both the parties that the car was booked on 27/10/2011 by making payment of Rs. 25,000/-. The remaining payment was made by the complainant on 30/11/2011 and there was delivery of the car on 22/12/2011. Then, from the same it reveals that the car was delivered after 23 days from making full payment. It is true that the car was initially booked on 27/10/2011, then, there must be legitimate reason in the mind of the consumer that he will receive the car as early as possible. As the complainant has made payment on 30/11/2011 and hence if he had expected that the car will be delivered within one week, it can not be the unreasonable expectation. The car was delivered on 22/12/2011, then, there is delay of 15 days. According to the complainant, he had required to visit the show room of the opponent from time to time for making enquiry about the delivery of car. He has sustained mental and physical torture and on that count he is entitled for compensation. It reveals from the averments of the complaint, the complainant has made claim of Rs. 3,99,600/-, that is exorbitant claim. In my opinion, the complainant is entitled for interest @ 10% p.a. for 15 days on the amount of consideration, that is Rs.10,33,000/- by way of compensation for deficiency in service. He is also entitled to get an amount of Rs. 5,000/- for mental and physical sufferings and an amount of Rs. 1,000/- by way of cost of the proceedings. In the result, I answer the points accordingly and pass the following order,
** ORDER **
1. The complaint is partly allowed.
2. It is hereby declared that the Opposite
Parties have caused deficiency in service
by not making delivery of the car within
one week from making full payment of car.
3. The Opposite Parties are jointly and severally
directed to pay interest @ 10% p.a. for 15 days
on amount of Rs. 10,33,000/- by way of
compensation for deficiency in service.
4. The Opposite Parties are further jointly and
severally directed to pay an amount of Rs. 5,000/-
(Rs. Five Thousand only) by way of compensation
for mental and physical sufferings and an amount of Rs. 1,000/- (Rs. One Thousand only) by way of costs of the proceeding.
5. The Opposite party do comply with the
aforesaid order within six weeks from
the date of receipt of copy of this order.
6. Copy of order be supplied to both the
parties free of cost.
