Punjab

Fatehgarh Sahib

RBT/CC/236/2018

Karnail Singh - Complainant(s)

Versus

The Manager of Joshi Hyundai Joshi Automobiles Pvt. Ltd. - Opp.Party(s)

A.Singh

27 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                                   RBT/CC/236/2018

Complaint No.236 of 2018

                                                                   Date of Institution: 06.03.2018

                                                                   Date of Decision:27.09.2022 

Karnail Singh son of Chanan Singh resident of village Rail Majra Tehsil Balachaur District 3.B.S. Nagar.                                                         

…………....Complainant(s)

                                                Versus

1. The Manager of Joshi Hyundai Joshi Automobiles Pvt. Ltd. C-117 Industrial Area Phase VII S.A.S. Nagar.

2. Hyundai Motor India Ltd. Regional, office at Unit No. C-113-114 1st Floor Suite Elante Mall, 160002.

                                                                                         …………....Opposite Party(s)

 

Complaint U/s 12 of the Consumer Protection Act as amended upto date.

Quorum

Sh. Pushvinder Singh, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

 

Present:   Sh. A.S. Kang, Adv., Counsel for the Complainant.

                 Sh. Rajesh Verma, Adv., Counsel for OP No.1

                Ms. Kulwant Kaur, Adv., Counsel for OP No.2

Order By

Pushvinder Singh, President

 

1.                  The present complaint has been filed by the complainant (hereinafter referred to as ‘CC’) against the opposite parties (hereinafter referred to as “OPs”) with a prayer to direct the OPs to deliver the  New Hyundai Creta 1.6 White Colour 5XDS1 to the CC on the booking price of Rs.12,05,964/- by adjusting the amount of Rs.25,000/- and CC also seeks a compensation of Rs.1,00,000/- along with interest @18% per annum for mental and physical harassment.
2.                  CC alleged that in month of July 2017, the representative of the OPs approached the CC and told that Hyundai Company has launched a new Creta 5XDS1 car with a very attractive finance and maintenance schemes. Thereafter  on 31.08.2017, CC went to premises of the OP No.1. CC stated that he swayed by the allurements of OP No.1 and booked the New Hyundai Creta 1.6 White colour 5XDS1 and at the time of booking of the said car, the ex-showroom price of the car was told by the OPs as of Rs. 12,05,964/- and the CC paid the booking amount of Rs. 25,000/- as demanded by the OPs and the official of the OPs also told the CC that the car will be provided to the CC on the same very rate and the booking amount will be adjusted at the time of delivery of the car. Then OPs had issued the order booking Form to the CC in which the price of the car is clearly mentioned as of Rs. 12,05,964/. The OPs also told the CC that the car will be delivered to the CC within 10-15 days.
3.                          CC further alleged that after passing of 15 days when no information was given by the OPs for the delivery of the car then the CC approached the OP No.1 and requested to the OPs to deliver the car to the CC then the OPs have told the CC that the car will be deliver to the CC on the new price/revised price of the car which is much more then the booking price of the car and the OPs further refused to deliver the car of the CC on the booking price of the car i.e. Rs. 12,05,964/-. The CC also sent a legal notice dated 27.09.2017 through his counsel to the OPs which was received by them but no reply was given nor the car is delivered to the CC on the booking amount. Hence, CC compelled to file this complaint. The CC alleged that he is a consumer to the OPs and he has suffered physical & mental harassment due to the deficiency in services and unfair trade practice of the OPs. Further CC prayed to direct the OPs to deliver the car on earlier booked amount and also claimed compensation of Rs.1,00,000/- on account of mental and physical harassment.
4.                       Notice of the complaint was issued to the OPs and Sh. Rajesh Verma, Adv., counsel for OP No.1 & Ms. Kulwant Kaur, Adv., counsel for OP No.2 appeared and filed written version/reply. OP No.1 stated that the complaint is not maintainable and no cause of action has arisen. OP No.1 stated that CC had booked the car on payment of Rs.25,000/- and CC had issued a receipt dated 31.08.2017. No allurement was given to the CC regarding any scheme. OP No.1 admitted that the price of Rs.12,05,964/- is reflected in the order booking form, but the amount shall be applicable as per the terms and conditions of the sales at the time of delivery and OP No.1 has also stated that no such time was given regarding the time of delivery. OP No.1 stated that on receipt of legal notice dated 27.09.2017 the same was replied vide reply dated 26.10.2017. OP No.1 denied all other allegations and prayed for dismissal of the complaint. OP No.2 stated the CC is not a consumer of the OP No.2 and contended that present complaint is liable to be dismissed for concealment and misrepresentation of material facts. OP No.2 further stated that CC has signed the order booking form and in Clause 9(d) at the back of the form i.e. terms and conditions of the sale, it is clearly written that “the vehicle specification  and price including statutory levies (Import Duty, Excise Duty, Taxes and other Levies) will be applicable as prevailing on the date of invoice issued by dealer to the customer.”  So, OP No.2 prayed for dismissal of the complaint.
5.                        CC in his evidence has furnished his affidavit in support of the complaint and reiterating the facts contained in the complaint as Ex.CW1/1 and he also produced the copy of Order Booking Form as Ex.C-1, copy of legal notice as Ex.C-2. On the other hand OP No.2 produced the affidavit as Ex.OP.2/1, copy of Order Booking Form as Ex.OP.2/2, copy of agreement as Ex.OP.2/3. OP No.1 produced the affidavit as Ex.OP.R-1, copy of reply to legal notice as Ex.OP.R-2
6.                     We have heard the counsels for the parties and have gone through the file carefully.
7.                       It is an admitted fact that on 31.08.2017 the CC booked a new Hyundai Creta car as mentioned above to purchase from the OP No.1 and booking amount of Rs.25,000/- was paid by the CC. The CC has alleged that Ex-showroom price of car was told by the OPs as Rs.12,05,964/- and it was told by the officials of the OPs that the car will be provided to the CC on the same very rate after adjusting the booking amount and in this regard booking form was also filled in which the price of car was also mentioned as Rs.12,05,964/- and it was told by the OPs that car will be delivered to the CC within 10-15 days. The CC has further alleged that after passing of 15 days when no information was given by the OPs then CC approached the OP No.1 and asked about his car and also requested the OPs to deliver the car to the CC. OPs delayed the matter and ultimately refused to deliver the car and the reason was  given by the OPs that car will be delivered on the new price of car which is much more then the booking price of the car. The OP No.1 has admitted that the abovesaid car was got booked by the CC and a booking amount of Rs.25,000/- was also paid by the CC and in this regard a booking form was also filled and signed by the CC. The same has been proved by the CC on the file as Ex.C-1. In the booking order form dated 31.08.2017 the Ex-showroom price of the car is mentioned as Rs.12,05,964/- out of which Rs.25,000/- was paid as booking amount. Now the disputed fact is that whether the CC is entitled to the delivery of car on the same price which was mentioned at the time of booking of car. There are terms and conditions for the sale of Hyundai car mentioned at the back of booking order form and the CC signed the form and accepted that he has carefully read and understood the terms and conditions provided on the reverse side of the booking form and he agreed to all of them. From perusal of the terms and conditions for the sale of Hyundai car, we find that there is term no.9(d) as under:-

“The vehicle specification & price including statutory levies(import Duty, Excise Duty, Taxes and other levies) will be applicable as prevailing on the date of invoice issued by Dealer to the Customer.”

So, we find that as per terms and conditions for sale of Hyundai car as agreed by the CC was that the price of the vehicle along with all duty and taxes will be applicable as prevailing on the date of invoice issued by the dealer to the customer and not prevailing on the date of booking. There is also no specific term and condition agreed between the party that the car shall be delivered on the same price which was mentioned in the booking order form as Ex.C-1. In these circumstances, the OP No.1 cannot be directed to deliver the car to the CC on the same price which was mentioned in the booking order form. Even otherwise after the date of booking period of more than 5 years has expired. The OP No.1 has admitted that the CC paid booking amount of Rs.25,000/- which is still lying with the OP No.1 when the CC did not purchase the car from the OP No.1 then certainly CC is entitled to recover the said amount of Rs.25,000/- from OP No.1. The OP No.1 has used the amount of CC and debarred the CC from his own amount. So, the CC is entitled to recover the interest on the amount of Rs.25,000/- and in our view interest @ 9% per annum shall be the reasonable rate of interest. The complainant filed the complaint in the February, 2018 and since then he is contesting the present complaint, so, he is also entitled for litigation expenses. CC also suffered mental & physical agony and for which he must be compensated. In view of our aforesaid discussions, the present complaint is allowed partly and the OPs are directed to return the amount of Rs.25,000/- to the CC along with simple interest @9% per annum from the date of booking i.e.31.08.2017 till the date of realization. OPs are also directed to pay Rs.15,000/- for mental and physical harassment and also directed to pay Rs.10,000/- for litigation expenses. The compliance of this order be made by the OPs within a period of 45 days on receipt of certified copy of this order. Copy of this order be sent to the CC and the OPs as per rules. This complaint could not be decided within a specific period as provided by the statute due to rush of work and large pendency.File be returned back to the District Consumer Commission, Mohali for consignment.    

Announced:

1.  

  

      (Pushvinder Singh)

                                                                                        President

 

                                                       

                                                                            (Shivani Bhargava)

    Member

 

 

                                                                        (Manjit Singh Bhinder)

                                                                                             Member