Order dictated by:

Mr.Anoop Sharma, Presiding Member

1.       Jasbir Singh has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that complainant approached opposite party No.3 and placed an order for the purchase of car Make Tiago XZ White Colour on 20.4.2016 and deposited a sum of Rs. 10000/- as earnest money against receipt No. 189. At that time opposite party No.3 gave assurance that the physical possession of the vehicle shall be made to the complainant within 3 weeks  . The complainant after expiry of three weeks had been regularly approaching the opposite parties and requesting them to give delivery of the said vehicle, but the opposite parties had been putting off the matter on one pretext or the other. Ultimately the complainant cancelled the booking by making representation to the opposite party No.3 on 8.6.2016. But neither the amount has been refunded to the complainant nor the booking of the complainant has been cancelled  nor the car has been delivered to the complainant. Thereafter the complainant served a legal notice dated 16.8.2016 upon the opposite parties calling upon them to refund the advance amount with interest  and also to pay Rs. 1 lac as compensation for causing mental harassment within 15 days. But the opposite parties failed to comply with the legal notice. The complainant has sought for the following reliefs vide instant complaint:-

(a)     Opposite parties be directed to refund the advance amount  of the complainant alongwith interest @ 12% p.a. from the date of entitlement till realization ;

(b)     Compensation to the tune of Rs. 1,00,000/- may also be awarded to the complainant.

(c)      Opposite parties be also directed to pay litigation expenses to the tune of  Rs. 15000/- to the complainant.

Hence, this complaint.

2.       Initially Opposite parties put appearance through Sh.N.S.Sandhu,Adv., who filed memo of appearance and the case was adjourned for filing power of attorney as well as written version. However, on the adjourned date power of attorney as well as written version on behalf of opposite parties No.1 & 2 not filed . Thereafter none put in appearance on behalf of opposite parties No.1 & 2 and as such they were ordered to be proceeded against ex-parte. However, opposite party No.3 did not opt to put appearance  and as such it was ordered to be proceeded against ex-parte.

3.       In his bid to prove the case Sh.K.S.Gill,Adv.counsel for the complainant  has tendered into his ex-parte evidence  duly sworn affidavit of the  complainant Ex.C-1, copy of receipt dated 20.4.2016 for Rs. 10000/- Ex.C-2, copy of lettr Ex.C-3, copy of the legal notice Ex.C-4, postal receipts Ex.C-5 to Ex.C-7 and closed the ex-parte evidence on behalf of the complainant.

4.       We have heard the ld.counsel for the complainant  and have carefully gone through the record on the file.

5.       From the appraisal of the evidence on record, it becomes evident that the complainant placed an order for the purchase of car make Tiago XZ White Colour on 20.4.2016 by depositing Rs. 10000/- with opposite party No.3 . Copy of payment receipt dated 20.4.2016 accounts for Ex.C-2 on record.  It was the case of the complainant that opposite party No.3 assured the complainant that the physical possession of the vehicle shall be made to the complainant within 3 weeks. But, however, after a lapse of three weeks the opposite parties failed to deliver the vehicle to the complainant. The complainant has left with no other option but to cancel the booking of the vehicle. As such the complainant made representation to the opposite party No.3 to cancel the booking and to refund the amount. Copy of representation is Ex.C-3 on record.  But the opposite party No.3 neither cancelled the booking nor refunded the amount nor the car has been delivered to the complainant. Thereafter the  complainant requested the opposite parties many a times for the refund of the booking amount. In this regard complainant served a legal notice upon the opposite parties calling them to refund the booking amount, but the opposite parties failed to comply with the legal notice.

6.       The evidence adduced by the complainant has gone unrebutted on record as opposite parties, despite service, did not opt to appear and contest the claim. The very fact that opposite parties have not put in appearance for contesting the claim, goes to show that opposite parties have impliedly admitted the claim of the complainant.

7.       From the aforesaid discussion, it transpires that the opposite parties neither delivered the physical possession of the car nor refunded the booking amount to the complainant . As such the opposite parties are deficient in service therefore, opposite parties are directed to refund the earnest money to the tune of Rs. 10000/- to the complainant. As the complainant has been duly harassed by the opposite parties, as such he is entitled to compensation to the tune of Rs. 5000/-   besides litigation expenses are assessed at Rs. 2000/-. Compliance of this order be made within a period of 30 days from the date of passing of order ; failing which complainant shall be entitled to get the order enforced through the indulgence of this Forum. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum

Dated : 2.2.2017

/R/