To-day is fixed for admission hearing.
Ld. Advocate for the complainant files hazira.
Heard the Ld lawyer. Perused the complaint and the documents thereto.
The case of the complainant is, in brief, that he visited on 11.05.2017 the showroom of the OP and choose one vehicle and made in mutual agreement with the OP dealer, an advance of Rs. 10,000/- for booking, of course, under proper receipt. Subsequently, the complainant decided not to purchase the said vehicle due to personal reasons and requested the OP to cancel the booking to refund the booking amount.
The OP cancelled the booking but did not refund the booking amount. The complainant made a written communication on 11.07.2017 with the OP requesting for refund of Rs. 10,000/- and that letter’s remaining unreplied to, sent a legal notice dtd. 31.11.2018 but with no result so far.
A perusal of the complaint reveals the following:-
- The complainant states that his letter dtd. 11.07.2017 to the OP remained unreplied to (Para-12) nor did the OP take any step evenafter having received the legal notice dtd. 30.11.2018 (Para-14). On 29.01.2019 the complainant’s Advocate was returned by the OP empty-handed on the ground of non-availability of their cheque signing official. Thus delay was caused in making the desired refund. And delay does not come within the meanings of withholding of refund as mentioned in Para-17 and 20.
- The complainant has mentioned in Para-4 of the complaint the OPs assurance and promise of refund of advance amount in case of cancellation of booking but no reference is there to time-limit of such refund to have framed, on the insistent of the complainant, by the OP.
- Withholding, (even if assumed, for the argument’s sake, to have occurred), mean holding back which is nohow a refusal. The complainant could not/did not furnish also any letter/document showing OP’s refusal to refund the booking money.
- Since the OP’s refusal is not documentarily established, no cause of action can be said to have arisen. Had the OP refused to give refund, the date of such refusal would have been the date of cause of action. P.T.O
Consumer Case No. 29/S/2019.
- The complainant claims in Para-21 of the complaint that the cause of action arose on 17.12.2018 when even after the expiry of the notice period of 15 days from the date of receipt of legal notice , the OP failed to refund the booking amount. This is not acceptable in as much as the legal notice was issued from complainant’s side plus such date was not stipulated by the OP. A cause of action is not created, rather, it arises.
The delay in refunding of advance or withholding therefore,, whatever it may be, does not fall within the definition of deficiency in service or unfair trade practice, unless refund of advance is refused by the OP and hence not adjudicable here in the District Consumer Disputes Redressal Forum. Hence the case is not admitted.
