DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

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

(Behind Qutub Hotel), New Delhi-110016.

Case No.230/2014

Sh. Govind Ram Chaudhary

Managing Director of M/s Anmol Bakers Pvt. Ltd.

38-A Udyog Vihar Greater Noida, G.B. Nagar (U.P.)

Residential address:

C- 35, New Friends Colony,

New Delhi-110025                                                        ….Complainant

Versus

1.       Mr. Maneesh,

Manager of M/s Shryans Motors Pvt. Ltd.

Porsche Car Showroom

50-B Diplomatic Enclave, Chanakyapuri,

Ashoka Hotel, New Delhi-110001

2.       Mr. Ashish Chordia

Managing Director of M/s Shryans Motors Pvt. Ltd.

          13, N.S. Pathkar Marg, Kemps Korner,

          Mumbai                                                      ……Opposite Parties

                                                Date of Institution          : 13.06.14                                                              Date of Order        : 03.11.16

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

O R D E R

The case of the Complainant is that he had booked a Porsche Car with the OPs and gave Rs.14,50,000/- to them as advance money on 15.02.12 and the OPs  agreed to sell /deliver the car to him within 3 months’ time but they failed to deliver the car to him till June, 2012.  He requested the OPs for refund of his advance money but despite several letters/reminders and legal notice dated 13.01.14, the OPs failed to pay the same. Hence, pleading deficiency in service on the part of OPs the Complainant has filed the present case for directing the OPs to pay the advance money of Rs.14,50,000/- alongwith 18%  interest for the entire period.

OPs were proceeded exparte vide order dated 26.11.14 passed by our predecessors. 

Complainant has filed his own affidavit in evidence and also written arguments.

We have heard the Counsel for the Complainant and have also gone through the record and the copies of the documents filed on behalf of the Complainant.  The documents filed on behalf of the Complainant fortify his case. Even otherwise, averments made in the complaint and evidence led by the Complainant have remained uncontroverted and unchallenged. Therefore, we have no other option but to hold that despite taking Rs.14,50,000/- from the Complainant as advance money for delivery of the Porsche Car to him the OPs neither delivered the car nor refunded the advance money to him despite several letters written to them in this regard.

Therefore, we hold the OPs guilty of deficiency in service.  We allow the complaint and direct the OPs to pay Rs.14,50,000/- to the Complainant alongwith interest  @ 6% per annum from the date of filing of the complaint i.e. 13.06.14 till realization within 30 days of receipt of copy of this order failing which OPs shall become liable to pay interest @ Rs.8 % per annum on the amount of Rs.14,50,000/- from 13.06.14 till realization.

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

Announced on  03.11.16