Tamil Nadu

South Chennai

CC/127/2016

M/s.N.Perunthagai - Complainant(s)

Versus

The Managing Director, DSC Hyundai Motors India - Opp.Party(s)

N.Rangarajan

07 Mar 2017

ORDER

                                                                        Date of Filing :   05.04.2016

                                                                        Date of Order :   07.03.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT: THIRU. S. PANDIAN, B.Sc., L.L.M.                       : PRESIDENT            

                 TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

               DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.127/2016

TUESDAY THIS  7^TH  DAY OF MARCH 2017

 

Mr. N.Perunthagai,

S/o. S.Natarajan,

No.153, VOC Street,

Manikandan Nagar,

Kundrathur,

Chennai 600 069.                                             ..Complainant

                                              ..Vs..

The Managing Director,

DSC Hyundai Motor India,

No.399, Anna Salai,

Nandhanam,

Chennai 600 035.                                            ..Opposite party.

 

For the Complainant                   :    M/s. N.Rangarajan        

For the opposite party                 :    Exparte.

ORDER

THIRUMATHI.K.AMALA,   ::    MEMBER-I

 This complaint is filed by the complainant against the opposite party  to refund the advance amount of Rs.10,000/- with interest and also to pay a sum of Rs.2,00,000/- towards loss and mental agony and to pay cost of the complaint.

1.      The averment of the complaint are brief as follows:

          The complainant’s car got damaged in the recent floods beyond repair and he wanted to buy another car for immediate use for his profession.  He saw an offer from DSC Hyuandai Motor India, Nandanam, Chennai that if a car is booked before 31.12.2015 there is a discount of Rs,1,00,000/- for Hyundai Grand i10 Asta( o).   The complainant booked the said vehicle Blue colour on 30.12.2015 after checking the availability model and colour from the representative Mr.Muthukumar the team leader of the opposite party’s company for immediate delivery  by paying Rs.10,000/- through cheque being advance amount.  To his shock on 31.12.2015 around 4.00 p.m. the complainant received a call from the team leader that the blue colour of the said vehicle is not available and the complainant has been demanded to choose different colour white (solid) and offer of the discounts not available to the colour of the car.  

2.     The complainant did not have an option and time of buying the same car from a different dealer since the offer was valid till 31.12.2015 and since he was informed the non availability of the vehicle on the last day and last minute.    The complainant was insisted by Muthukumar to choose other colour and without discount.   The complainant got disappointed and put to hardship due to the act of the opposite party.  Therefore he demanded the opposite party to return the booking amount paid by him.  The complainant called the opposite party several times but they did not respond but threatened the complainant “do whatever you want”.   

3.     The complainant sent legal notices on 1.3.2016 and  10.3.2016 to the opposite party and did not get any reply from them.  The opposite party deliberately avoided replying and confirmed the deficiency and irresponsible service rendered by them. If the opposite party had supplied the vehicle as per the booking the complainant would have saved Rs.1,00,000/-.   Therefore the opposite party has to pay the booking amount as well as damages, moreover the complainant is a practicing lawyer.  Therefore the complaint is filed.  

4.     In spite of notice served to the opposite party, the opposite party has not chosen to appear before this Forum. Hence the opposite party was set exparte.

5.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to Ex.A5  are marked. 

6.      At this juncture the point for consideration before this Forum is:

1. Whether there is any deficiency of service on the part of the opposite  party as alleged in the complaint?.

 

2. To what other reliefs, the complainant is entitled for?

7.  POINT No. :1            

          It is seen from the facts of the case that the complainant booked Hyundai Grand i10 Asta(o) blue colour with the opposite party on 30.12.2015 after seen an offer from the opposite party that if a car is booked before 31.12.2015 there is a discount of Rs.1,00,000/-.    Ex.A3 also reveals that the complainant had booked the above vehicle for blue colour by paying a sum of Rs.10,000/- through cheque as advance amount.   

8.     The grievance of the complainant is that on 31.12.2015 around 4.00 p.m. the opposite party’s team leader informed that the blue colour is not available and demanded the complainant to choose different colour of white (solid) and also offer of discount not available.  The complainant also raised grievance that  the offer was valid only till 31.12.2015 and the complainant was informed the non availability of the vehicle on the last day and  the last minute.   Therefore he did not have an option and time of buying the same car from a different dealer.   Therefore he contacted the opposite party to return the advance amount, but they did not respond nor returned the amount, hence he sent the legal notices to the opposite party on 1.3.2016 and 10.3.2016 but they failed to send any reply.    Therefore the opposite party is liable to pay the booking amount as well as Rs.1,00,000/- for the loss and also for damages for their deficiency in service.    

9.     It is seen from Ex.A2 i.e. the second legal notice of the complainant that for his earlier notice dated 1.3.2016 the opposite party had sent reply dated 3.3.2016 and also sent a man with cheque of Rs.10,000/- but it was not accepted by him and he requested for refund of the advance amount  along with compensation.  Ex.A3 reveals that the advance amount for booking of the car was paid on 30.12.2015.  As per the contention of the complainant when he was informed that the car of blue colour is not available and discount also not available he demanded the opposite party to return the booking amount paid by him.   But the opposite party did not respond to him but threatened him   Moreover it is also seen that as per Ex.A5 the opposite party had given a quotation with discount of Rs.1,00,000/- since the colour offered by the complainant was not available he could not buy the vehicle.  Therefore the contention of the complainant that the opposite party ought to have returned the money with compensation is acceptable.  

10.    It is the duty of the opposite party to refund the advance amount immediately on cancellation of the booking but it is found that the opposite party had failed to do so and also not appeared before this forum to refute the contentions of the complainant  but remained exparte.  Therefore this forum can draw adverse inference against the opposite party.  

11.    Therefore this forum is of the considered view that  it is crystal clear that the opposite party had committed deficiency in service in not refunding the advance amount of Rs.10000/- paid for booking of the complaint mentioned car to the complainant and also caused much hardship and irreparable loss to the complainant.     Thus point No.1 is answered accordingly.  

12.   POINT NO.2.

As per decision arrived in point No.1,  the opposite party is liable to return the advance amount of Rs.10,000/- with interest at the rate of 9% p.a. from the date of complaint i.e. 5.4.2016 to till the date of this order i.e. 7.3.2017 and also with compensation of Rs.10,000/- and cost of Rs.5000/-.    Thus point-2 is also answered accordingly.

In the result, the complaint is allowed in part.   Accordingly the opposite party is directed to refund the advance amount of Rs.10,000/-  (Rupees Ten thousand only) received towards booking of complaint mentioned car along with interest at the rate of 9% p.a. from the date of complaint i.e. 5.4.2016  to till the date of this order i.e. 7.3.2017  and also  to pay a sum of Rs.10,000/- (Rupees Ten  thousand only) towards compensation for causing mental agony and hardship due to deficiency of service on the part of the opposite party and to pay a sum of Rs.5,000/- (Rupees Five thousand only) towards cost to the complainant.  

The above amounts shall be payable within six weeks from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.        

              Dictated by the Member-I to the Assistant, taken down, transcribed and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the  7^th  day  of  March  2017.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainants’ side documents:

Ex.A1- 1.3.2016    - Copy of legal notice, Postal receipt & ack. card.

Ex.A2- 10.3.2016  - Copy of legal notice, Postal receipt & ack. card.

Ex.A3- 30.12.2013         - Copy of order booking form.

Ex.A4- 30.12.2015         - Copy of receipt voucher, Bank statement copy.

Ex.A5- 30.12.2015         - Copy of Discount details sheet.

 

Opposite party’ side documents:   .. Nil.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.