Chandigarh

DF-II

CC/503/2022

Ajit Pal Singh Guliani - Complainant(s)

Versus

The G. M. M/s Ultimate Automobile Pvt. Ltd. - Opp.Party(s)

Sourabh Bindra

07 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

Consumer Complaint  No	:	503/2022
Date  of  Institution	:	10.06.2022
Date   of   Decision	:	07.03.2024

 

 

 

      

 

 

Ajit Pal Singh Guliani aged 60 Years S/o Late S. Harbhajan Singh Resident of H.No. 50 Tribune Society, Raipur Khurd, UT Chandigarh- 160003

.....Complainant

Versus

The General Manager, M/s Ultimate Automobile Pvt. Ltd., Plot No. 154- 155, Industrial Area, Phase-I, Chandigarh-160002

     ….. Opposite Party

 

BEFORE: MR.AMRINDER SINGH SIDHU        PRESIDENT

              MR.B.M.SHARMA                           MEMBER

               

PRESENT : 

  Sh.Ishneet Bhatia, Counsel of complainant

  Sh.Nikhil Sherawat, Adv. Proxy for Sh.Ashwani Talwar,         Advocate for the OPs.

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM, PRESIDENT:-

 

1.        The complainant has filed present complaint pleading that on the assurance of the representative of the OP namely Sh.Parveen Kumar,  he got booked " "Petrol variant White Creta car on 20-12-2021 by Rs.25000/- booking amount vide receipt No. 7868 dated 20-12-2021. The only requirement was to get the vehicle at the earliest which was accepted by Sh.Parveen Kumar. The vehicle was assured to be given by 31-01- 2022 positively,  however, in the booking slip, it was written as per HMIL allocation. In the last week of January 2022, Sh.Parveen Kumar asked the complainant to wait for 15 days more. Again, the delivery of the vehicle was delayed by 28.02.2022,  March 2022 and then to 07.04.2022. It has further been stated that he had to face humiliation amongst his colleagues, friends and neighbours as he had declared that he would get the white Creta by 31-01-2022. It has further been averred that had the complainant been told on the first very day that he will not be able to purchase Creta vehicle prior to 6/8 months, he would have not booked the same and would have not wasted his time in waiting for the vehicle and hearing baseless and false excuses. Finally, the complainant sent an email requesting the OP to refund the booking amount to which he received a letter through courier on 11-04-2022 intimating that the waiting period to be increased by 26-28 weeks more, however the OP as a gesture also offered a Lolly pop of Rs.1000/- by way of gift voucher to be redeemed at the time of sale and service. Left with no option except to go far Vitarra Brezza which was even available at the time of booking in December 2021 at a lesser price but now the complainant had to pay Rs.10,000/- more as increased cost of the vehicle. It has further been averred that due to non delivery of vehicle by the OP in time, the complainant had to suffer in his professional practice also as he did not have any other vehicle to commute and had to hire taxi all the times for almost two months. It has further been averred that the OP instead of paying the claim, sent a account payee Cheque dated 17-05-2022 drawn on SBI for a sum of Rs. 24,734/- against the actual booking amount of Rs.25,000/- through registered post. Alleging that the aforesaid acts amounts to deficiency in service on the part of the OPs, the complainant has filed the present complaint seeking refund of the remaining  amount of Rs.266/- along with compensation for harassment and mental agony and litigation expenses.
2.        After service of the notice, the OP filed its written version and admitted that the complainant  had booked the vehicle by paying the booking amount of Rs.25,000/-. Although in the order booking form (Annexure C-1),  it has been specifically mentioned in the clause of 'EXPECTED DATE OF DELIVERY-AS PER HMIL ALLOCATION' (HMIL- Hyundai Motors India Ltd.). The complainant very cleverly has not annexed back side of the booking form. The Clause 18 of the terms and conditions for sale of Hyundai (Annexure OP-1) is reproduced as under:-

“18.        Delivery date indicated is tentative only and is subject to "force majeure" conditions and/or clause 10 above. The term "force majeure" means any circumstances which are unusual, unforeseeable and are beyond the control of HMIL and/or Dealer concerned, the consequence of which could not have been avoided even if all due care had been exercised, including but not limited to Acts of god, war or threat of war, riot, civil strife, hostilities, political unrest, government action, industrial dispute, natural or other disaster, nuclear incident, terrorist activity, sabotage, blockage, embargo, weather conditions, transport strike, fire, flood, typhoon, tempest, drought, short supply of labour, fuel, raw material or manufactured produce or otherwise preventing or hindering the manufacture or delivery of the car and all similar events beyond the control of HMIL and/or dealer concerned”.

 

              It has further been stated that the booking as made by complainant was duly intimated to principal manufacturer but since the entire automotive industry was facing multiple challenges on account of semiconductor (chip) shortage due to Covid-19 pandemic, which disrupted the manufacture of semiconductors in South Korea & Taiwan and on account of which shortage with constrained supplies were caused due to which, the vehicle could not be delivered.  The manufacturer vide its email dated 04.02.2022 (Annexure OP-2), has duly intimated regarding the increase in waiting period of Hyundai vehicles and with directions to dealership to intimate the same with the customer in every case. Thereafter the manufacturer in consonance with e-mail dated 04.02.2022 has intimated the OP by email dated 15.03.2022(Annexure OP-3),  wherein, it was asked from the dealership to ensure immediate reduction in complaints pertaining to delay in delivery by offering certain gifts etc.  Accordingly, the complainant was informed through emails, letters and through telephonic mode qua the increase in waiting period on account of disturbance in supply chain of the required components which is beyond the control of dealership and as a goodwill gesture a gift voucher of Rs.1,000/- was also sent to same as per Ex-C-6. However, the complainant very cleverly while disregarding the aforesaid factum has attempted to attribute the lapse qua delivery of the vehicle only and only to the OP. It has further been stated that the complainant cancelled the booking vide e-mail dated 09.04.2022 but he himself not submitting the original booking receipt(C-2) in order to complete the formalities of cancellation of booking. The OP duly communicated regarding the same to complainant through WhatsApp, through courier and registered post. Finally when the complainant completed the formalities at his end then, at that very instance, requisite refund (C-11) was made to the OP. In order to book the car, the complainant was called upon to deposit a sum of Rs.25,000/-, which shall ultimately be adjusted in the delivery amount. The complainant, deposited this amount through his credit card and as the docket issued was fee Rs.25,000/-, the receipt (C-2), was issued by the OP for Rs.25,000/-. However, when the remittance from the bank was received, it transpired only an amount of Rs.24,734.50/-have been received and the balance amount has been deducted by the bank.  In the last, prayer for dismissal of the complaint has been made.

3.        We have heard the counsel for the parties and gone through the documents on record.
4.        From the perusal of the documents and pleadings of the parties, it is observed that the complainant had booked "Petrol variant White Creta Car” on 20-12-2021 by paying Rs.25,000/- booking amount vide receipt No. 7868 dated 20-12-2021 and the delivery of the vehicle in question was delayed for a long period by the OP without assigning any valid and justifiable reason due to which the complainant had to purchase the vehicle make Vitarra Brezza.  Besides this, the complainant was refunded Rs.24,734.50/- only by the OP instead of the whole booking amount of Rs.25,000/-.  Non-delivery of the vehicle by the promised date to the complainant and further non-refund of the entire booking amount on the part of the OP certainly amounts to deficiency in service as also adoption of unfair trade practice on its part. 
5.        In view of the above discussion, the complaint is partly allowed. The OP is directed to refund the remaining booking amount of Rs.266/- along with lump sum compensation of Rs.10,000/-  on account of mental agony and physical harassment as well as litigation expenses etc. to the complainant along with interest @ 9% p.a. from the date of filing of the present complaint till the date of its actual realization to the complainant.
6.        This order be complied with by the OP, within 60 days from the date of receipt of its certified copy, failing which the complainants shall be at liberty to get the order enforced through the indulgence of this Commission.
7.        The pending application(s) if any, stands disposed of accordingly.
8.        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

07.03.2024                             

Sd/-

    (AMRINDER SINGH SIDHU)

PRESIDENT

Sd/-

(B.M.SHARMA)

MEMBER