DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.356/2017
Sh. Gian Sagar Wadhwa
R/o JA/6, 2nd Floor,
Gupta Colony, Khirki Extn.,
Malviya Nagar,
New Delhi-110017 ….Complainant
Versus
M/s T. R. Sawhney Motors Pvt. Ltd.
Through its Manager/AR
E-260, Amar Colony,
Lajpat Nagar-IV,
New Delhi-110024 ….Opposite Party
Date of Institution : 10.10.17 Date of Order : 19.12.18
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
ORDER
Naina Bakshi, Member
Briefly stated, the case of the complainant is that after going through the advertisement of Maruti Shuzuki India Limited in the leading newspaper relating to sale of various models of Maruti Cars by offering bonus as well as Car Exchange programmers etc. On account of attractive offer the complainant was encouraged to purchase Maruti Alto LX for his personal use as he was suffering from few variety of ailments and his wife Ms. Asha Wadhwa is also suffering from arthritis of both knees. In the first week of October, 2015 the complainant called up the OP and one of their Sales Executive, namely, Mr. Jai Kumar Sandeep attended his call and explained to the complainant regarding the existing scheme of exchange of old vehicle and bonus etc,. When the complainant asked about the guidelines and procedure for costing the old vehicle, the OP did not disclose the Rules and Regulations, on which basis they calculated the cost of the exchanged vehicle (UNO FIAT). The complainant finalized the deal of new Maruti Alto LX cost of Rs.2,43,019/- which including previous bonus and cost of his old Fiat car. The representative of OP Mr. Sandeep visited the residence of the complainant on 11.10.15 and filled up relevant forms i.e. “Order Booking/Commitments Check List” which is a format contained in Consumers Docket file.” The total cost of the car filled by the representative of OP was Rs.2,63,077/-. The complainant was shocked to read the cost of the car and asked Mr. Sandeep why he had backed out. He felt sorry and amended the cost below to Rs.2,63,019/-. Both the complainant and Mr. Sandeep had put in their respective signatures at the relevant place and the total cost i.e. Rs.2,43,079/- was duly bracketed and authenticated it. The OP was supposed to refund Rs.5,000/- before and after taking the delivery of the car. The complainant issued a cheque of Rs.5000/- on 11.10.15 to Mr. Sandeep and he informed that the tentative date of delivery of the car will be 3-4 weeks. The OP has mentioned the receiving of Rs.5000/- as booking amount in the order booking. It is submitted that after two weeks the representative of OP Mr. Sandeep called up the complainant and informed that the OP’s office at Amar Colony, Lajpat Nagar, New Delhi requested to come alongwith original papers of the old car Fiat (UNO) and the complainant should be prepared to issue a cheque for final payment to take the delivery of the car. When the complainant met him in this regard Mr. Sandeep said the car earmarked for him has since already been sold to some other person and the complainant should visit OP on 13.11.15 to take delivery of the car. The complainant felt highly disappointed and went back to his house. He was not able to met Mr. Sandeep on that day, however the complainant and his wife met one of senior most officer available there and apprised him about the whole matter and also showed him Consumer Docket file, he perused the complete format but totally refused to fulfill the deal as decided by Mr. Sandeep as according to him car could be delivered only if the complainant forgoes Rs.5000/- i.e. booking amount. The condition laid down by him was not acceptable to the complainant. The complainant decided to take the booking amount back and requested the senior officer of OP to return his money in cash or cheque as convenient to him, so that the complainant does not have to visit again their location. It was surprising that OP was totally adamant to his request. The complainant submitted a written letter on 13.11.15 to the OP to refund the booking amount but the OP refused to accede his request. Hence, pleading deficiency in service and unfair trade practice on the part of the OP the complainant has filed the present complaint for the following reliefs:-
- Direct the OP to refund the booking amount of Rs.5,000/-.
- Direct the OP to compensate the complainant as sum of Rs.1,99,5000/- for the mental torture, pain and agony.
OP has been proceeded exparte vide order dated 01.02.18.
Complainant has filed his own affidavit in exparte evidence as well as written arguments.
We have heard the complainant and have also gone through the file very carefully.
OPs have the knowledge about the filing of the complaint but did not chose to contest it.
Complainant has placed on record copy of the Customer Docket as Annexue-1. Annexure-2 relates to the booking order wherein the amount of the new car has been shown as Rs.2,43,019/-. The complainant filed the details of his passbook wherein it is shown that on 13.10.15 an amount of Rs.5,000/- was credited in the account of OP. The complainant vide letter dated 13.11.15 requested the OP to refund of Rs.5,000/- as Annexue-4.
Averments made in the complaint and evidence led by the Complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the Complainant.
It is evident from the records that after booking of the car and depositing an amount of Rs.5,000/- the OP failed to deliver the above vehicle to the complainant. The complainant is a senior citizen of 75 years of age. Non-delivery of the vehicle or refunding the booking amount to the complainant by the OP amounts to unfair trade practice and deficiency in service on the part of the OP.
Therefore, we hold the OP guilty of unfair trade practice and deficiency in service, allow the complaint and direct to refund the booking amount of Rs.5,000/-. OP is further directed to pay Rs.10,000/- for harassment and mental agony undergone by the Complainant including cost of litigation.
The order shall be complied within 30 days of receipt of this order failing which OP shall become liable to pay interest 9% per annum on the amount of Rs.5,000/- from the date of filing of the complaint till its 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 19.12.2018
