Delhi

North East

CC/273/2022

SH. DAVESH KUMAR SINGH - Complainant(s)

Versus

VEHICLE DUNIYA - Opp.Party(s)

16 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.273/22

 

In the matter of:

 

	Shri Davesh Kumar Singh S/o Sh. Kalicharan, R/0: H.No. 68,  Street No. 4 Block A, West Karawal Nagar, Delhi-110090		Complainant
	Versus
1.   2.   3.	Manager/Owner, Vehicle Duniya,   Shri Abhishek,   Shri Ashish   All at: Add: P-3/56, Basement, DLF Phase 2, Gurugram, Haryana 122001	Opposite Parties

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:

09.06.2022 09.03.2023 16.05.2023

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

 

 

 

                                                                    ORDER

 Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the    Consumer protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that in the month of November Complainant was looking a car for his family and he had searched on website and found out Tata Tiagao car on Vehicle Duniya and contacted Opposite Party No. 2 and Opposite Party No. 3. Opposite Party No. 2 and Opposite Party No. 3 got in touch with the Complainant and told to the Complainant if Complainant want to book the car with them then the Complainant to send minimum 70,000/- to 1,00,000/- to Opposite Party No. 1, thereafter they will proceed further in the matter. Thereafter, the Complainant paid Rs. 70,000/- to Opposite Parties but Complainant’s car was never booked by Opposite Parties and neither any satisfactory reason given to Complainant nor refunded Rs. 70,000/-. Whenever, Complainant asked for refund of Rs. 70,000/-Opposite Parties linger on the matter and give a new date to the Complainant with a pretext message on whatsapp and call, but on date given Opposite Parties used to give many excuses to the Complainant. Complainant had sent a legal notice to the opposite Parties through his counsel but Opposite Parties did not bother to comply with the said legal notice nor replied the same. Thereafter, the Complainant had given the second chance to Opposite Parties and sent email but Opposite Parties did not bother to comply with the said email nor replied the same. Complainant had also lodged a complaint against the Opposite Parties and his employees at Khajuri Khas Police Station. This clearly proves Opposite Parties intention to commit and perpetuate a fraud on Complainant. Complainant has prayed to direct the Opposite Parties to refund of Rs. 70,000/- along with 24 % p.a. interest, Rs. 1,000,000/- on account of mental harassment and Rs. 21,000/- on account of litigation expenses.
2. None has appeared on behalf of Opposite Parties. Therefore, Opposite Parties were proceeded against Ex-parte vide order dated 20.09.2022.

Ex-parte evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant and we have also perused the file.  The averments made by the Complainants in the complaint are supported by their affidavit and documents filed by them. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5.  In view of the above discussion, the complaint is allowed. Opposite Party No. 1, Opposite Party No. 2 and Opposite Party No. 3 are directed to refund of Rs. 70,000/- jointly or severally to the Complainant along with interest  @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Party No. 1, Opposite Party No. 2 and Opposite Party No. 3 are also directed to pay an amount of Rs. 20,000/- to the Complainant on account of mental harassment and Rs. 10,000/- to the Complainant on account of litigation expenses along with interest  @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 16.05.2023.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)	(Adarsh Nain)	(Surinder Kumar Sharma)
(Member)	(Member)	(President)