Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                   Complaint No. : 558

                                                                   Instituted on     : 04.10.2023.

                                                                   Decided on       :22.12.2023.

Srishti Motors Pvt. Ltd.  through its Director, Jind Road, Rohtak.

                                                                   ………..Complainant.

                             Vs.

Thirty Six Auto Mobile Pvt. Ltd.C-108-109, Satguru Ram Singh Marg, Mayapuri Industrial Area, Phase-II, Mayapuri New Delhi, through its Authorized Signatory/Director.

……….Opposite party.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:   SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR.VIJENDER SINGH, MEMBER.

Present:        Sh.Devender Singh, Advocate for the complainant.

                   Opposite party exparte.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                Brief facts of the case, as per the complainant are that  complainant firm booked one vehicle Toyota InnovaHycross Hybrid ZX for personal use of its Director on dated 08.12.2022 and paid Rs.50000/- as booking amount  against the receipt no.3487 dated 08.12.2022.  As per booking information the opposite party gave the date of delivery in the month of February 2023. Complainant on 10.03.2023 through email requested the opposite party to deliver the vehicle but the opposite party postponed the date of delivery upto first week of September 2023.  Opposite party again, vide email dated September 2023 postponed the date of delivery in the month of December 2023 to January 2024. In between the complainant was asked to register his grievance with the respondent company. Complainant filled up the grievance/request form with complete detail and mailed it on 18.05.2023 but of no use. Now the opposite party is not giving any response towards the mails/personal visits of the official of the complainant firm and  has not delivered the vehicle as promised to be delivered in the month of February 2023. Complainant firm came to know that the opposite party is providing the delivery of same make to some other person by charging extra amount, which is illegal and against the business ethics. There is also deficiency in service on the part of opposite party. Hence this complaint and it is prayed that opposite party may kindly be directed to  deliver the vehicle at the earliest besides Rs.200000/- as compensation for deficiency in service and Rs.33000/- as cost of litigation to the complainant.

2.                     Notice of the present complaint was sent to opposite party through registered post. As per the track report submitted by the counsel for the complainant delivery of the items/notice confirmed but none  appeared on behalf of opposite party and as such opposite party was proceeded against exparte vide order dated 10.11.2023 of this Commission.

3.                Complainant in his exparte evidence has tendered affidavit Ex.C1/A, documents Ex.C1 to Ex.C7 and closed his evidence on dated 08.12.2023.

4.                We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.

5.                We have minutely perused the documents placed on record by the complainant. As per receipt Ex.C1 issued by the opposite party, they had received Rs. 50000/- on 08.12.2022 from the complainant on account of booking of vehicle Hycross Hybrid ZX. As per booking confirmation message Ex.C2 dated 21.02.2023, opposite party sent a confirmation mail on 09.12.2022 and has submitted that  ‘waiting will confirm in February’. As per email Ex.C3, opposite party has submitted that ‘delivery of vehicle will be tentatively on September’.  Thereafter opposite party sent an another mail Ex.C4 that ‘delivery of your InnovaHycross ZX Color-Pearl White against your booking is expected in the month of December 2023 to January 2024. . Complainant sent mails dated 16.09.2023 Ex.C5, dated 05.09.2023 Ex.C7 about the delay in delivery of vehicle but no reply was given by the opposite party.  From the alleged documents& emails placed on record by the complainant, it is observed that the complainant booked the vehicle in the month of December 2022 against the payment of Rs.50000/- but the vehicle has not been delivered to the complainant till date despite his repeated requests and reminders even after passing of one year. It is also on record that opposite party has not appeared before this Commission and was  proceededexparte, which shows that they have nothing to say in the matter and all the allegations leveled by the complainant against the opposite party regarding non delivery of vehicle stands proved. Hence there is deficiency in service on the part of opposite party and opposite partyis liable to compensate the complainant.

6.                In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party to hand over the vehicle booked by the complainant i.e. ‘InnovaHycross ZX Color-Pearl White’ to the complainant within 15 days  and also to pay an amount of Rs.50000/-(Rupees fifty thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant, failing which opposite party shall be liable to pay Rs.500/- per week to the complainant from the date of decision till compliance of order to the complainant.

7.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

22.12.2023.

                                                         ................................................

                                                          Nagender Singh Kadian, President

                                                                        ………………………………..

                                                                        TriptiPannu, Member.

                                                                        ………………………………..

                                                                        Vijender Singh, Member.