MS. NIPUR CHANDNA, MEMBER

ORDER

18.04.2024

1.         A complaint under Section 35 of Consumer Protection Act filed. In brief the facts are that complainant visited OP on 01.08.2021 for purchasing the car, the officials of the OP assured him that the car would be delivered before Raksha Bandhan and if not possible it would certainly be delivered maximum by the month ending October, 2021. The officials of the OP further assured that the cancellation charges of Rs. 2100/- will be deducted if the booking is cancelled at the instances of the complainant. On the assurance of the officials of OP complainant booked XUV-300 W6 non- touch model white colour in the morning of 06.08.2021 by paying a booking amount of Rs. 21,000/- through  cheque no. 000074 dated 06.08.2021 to the OP.

2.         It is further alleged by the complainant that taking the shelter of some technical issues the official of the OP did not provide the receipt of the booking amount and further assured the complainant to issue the receipt of the booking amount through whatsapp, however, OP official got signed order taking form and after continuous follow up the complainant succeeded in getting the invoice through whatsapp. It is further alleged by the complainant that after getting the signature of the order taking form the manager of the OP as per his own sweet will change  the date of delivery to 4 to 6 weeks and Rs. 5000/- as cancellation charges. The complainant immediately raise the objection in this regard to  the sales agent , who further assured him that he will do the needful to save the his  interest.

3.         It is further alleged by the complainant that on the regular interval the kept on following the officials of  OP in respect to the balance payment as well as the status of the car but the officials of the OP under one pretext or other linger on the issue and gave the false assurance of earlier delivery of the car in question. It is further alleged by the complainant that on various occasions complainant approached OP for getting the status of the car but all in vain. In the morning of 04.10.2021 complainant again visited the OP and found that after waiting for 60 minutes no response was given to him in respect to the booking in question, rather all the officials were busy in the launching of new car and ask the complainant to come after few days as the booked car is not available with them. Being aggrieved by the conduct of the OP and non delivery of the car even in the month of October, 2021 complainant requested OP to refund the booking amount. 

4.         Despite several whatsapp communications neither OP refund the booking amount of Rs. 21000/- nor had handed over the delivery of the vehicle, complainant therefore approached this commission for redressal of his grievance.

5.         Notice of the complaint was sent to OP. Despite service  none appeared on behalf of OP nor any written statement filed as such OP was ordered to be proceeded ex-parte vide order dated 23.08.2022.

6.         Complainant filed his ex-parte evidence by way of affidavit as well as written arguments. He has placed on record he copy of order taking form invoice dated 06.08.2021. Copy of whatsapp communication, copy of refund letter dated 04.10.2021, copy of bank statement in support of his contention.

7.         Admittedly, the complainant has paid a sum of Rs. 21000/- against the booking amount to OP for booking of XUV-300 W6 non touch model against the receipt dated 06.08.2021. As per the order taking form OP assured the complainant to deliver the booked car within 4 to 6 weeks of its booking. Eeven on 04.10.2021 OP failed to deliver the booked car to the complainant hence, in a compelling situation complainant requested OP to refund the booking amount but the OP neither refunded the booking amount till date nor had delivered the car to the complainant. From the unrebutted testimony of the complainant, we are of the considered view that the facts put forth by the complainant is true. The entire act and conduct of the OP supported by documentary evidence clearly establish the case of deficiency in service against OP . We therefore hold OP guilty of deficiency in service and direct it as under:

i)         to refund to the complainant a sum of Rs. 21,000/- along with 6% interest from the date of deposit i.e 06.08.2021 till realization.

ii)        pay to the complainant sum of Rs. 5000/- on account of mental agony suffered by him which will also include cost of litigation.

8.         OP is directed to comply the order within 30 days from the date of receipt of this order failing which OP is liable to pay to the complainant interest @9% per annum on the entire amount  from the date of non-compliance till realization .

 9.        Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.

Announced in open Commission on   18.04.2024.

Sanjay Kumar                   Nipur Chandna                                Rajesh

                 President                          Member                                          Member