DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 272/2017
D.No._______________________ Dated: _______________
,,IN THE MATTER OF:
AJAY VATS S/o SH. ANAND VATS,
R/o A-3/1, PREM NAGAR-3,
KIRARI SULEMAN NAGAR, NORTH-WEST,
DELHI-110086. … COMPLAINANT
Versus
VOLER CAR PVT. LTD.,
THROUGH ITS CHAIRMAN,
OFFICE No.1, 2nd FLOOR,
VASANT ARCADE BLOCK No. B-7,
VASANT KUNJ, NEW DELHI-110070. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 03.04.2017
Date of decision: 23.08.2019
MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against OP under the Consumer Protection Act, 1986 therebyalleging that the complainant made a payment of Rs.6,980/- on 10.11.2016 with SBI debit card with booking reference no. DL-A-Q3-10-11-44809 and the amount includes home delivery charges of Rs.500/- and this was an online payment with merchant order no.
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1478802375679 and the payment was carried out through Citrus Payment Gateway and thusthe complainant booked the car brand ‘AUDI’ model Q-3 and the delivery date was 23.11.2016 at 12:00 P.M. for 24 hours i.e. till 24.11.2016 (12:00 P.M.). The complainant further alleged that he had earlier called customer’s support of OP 3-4 days prior to delivery date and the executive of OP assured that same car which had been booked will be delivered and not to worry even if it was showing Toyota Fortuner-AT instead of Audi Q-3 in the mobile app citing to be a general re-shuffling program and further the complainant called customer care support of OP at about 11:00 A.M. just about one hour prior to the booking time on 23.11.2016 and it was informed that the vehicle Audi Q-3 must be on the way and the delivery driver will call about 15-20 minutes before the delivery time. The complainant further alleged that he did not receive any call from the delivery driver till about 11:55 A.M., then again the complainant called the customer support of OP and with great difficulty the telephone no. of the delivery driver was told to the complainant and on being called, the delivery driver informed the reason of delay as late from the vehicle dispensing unit. The complainant further alleged that the delivery was delayed by more than two and a half hours and the vehicle was delivered at 02:45 P.M. instead of 12:00 P.M. and the said car had been changed from Audi Q3 to Toyota Fortuner AT bearing registration
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no. DL-1N-9558 without any prior communication and to take the delivery of the car i.e. Toyota Fortuner and as already late by about 3 hours and there was no time to create a fuss out of the unprofessional act by OP. The complainant further alleged that the booked Audi Q3 for a very important family wedding occasion and are supposed to reach the wedding venue latest by 3:00 P.M. but by OP’s grace, the complainant and his family could only manage to leave for the destination at 3:00 P.M. for a 120 KM ride and had many important things with us that were important for carrying out the wedding customs, including the car itself but were able to reach there at 5:00 P.M. only and resulting in delayed wedding customs and the place where the complainant and his family were supposed to reach at 2:30 P.M. or 3:00 P.M. by latest, they reached there at 5:00 P.M. The complainant further alleged that though OP refunded an amount of Rs.1,845/- being the difference amount but there is unfair trade practice anddeficiency in service on the part of OP and OP has cheated the complainant.
2. On these allegations the complainant has filed the present complaint praying for direction to OP to refund the remaining amount of Rs.5,135/- from the booking amount of Rs.6,980/- alongwith interest @ 12% as well as compensation of Rs.1,00,000/- for causing mental agony, physical and harassment and also sought Rs.1,000/- towards the cost of litigation.
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3. Notice to OP was issued through speed post for appearance on 11.10.2017 and OP has been served on 30.08.2017 as per track report but none for OP appeared on 11.10.2017 and as such OP has been proceeded ex-parte vide order dated 11.10.2017.
4. In order to prove the case, the complainant filedhis affidavit in evidence and also filed written arguments. The complainant placedon record copy of receipt dated 10.11.2016 through mail about payment successful for order with Voler Car Pvt. Ltd. of Rs.6,980/-, copy of confirmation/booking details receipt dated 10.11.2016 sent by OP to the complainant through mail, copies of e-mail communication dated 02.12.2016 (2), 05.12.2016, 06.12.2016 & 15.12.2016 sent by the complainant to OP, copies of e-mail communication dates 02.12.2016, 05.12.2016 (3) & 15.12.2016 sent by OP to the complainant.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant.The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of thecomplainant. It appears that even after receiving notice from this Forum of this case, OP has kept mum and has notbothered to answer the case of the complainant. It seems that OP has no defence at all. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
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6.Accordingly, OP is directed as under:
i) To pay to the complainant an amount of Rs.10,000/- ascompensation towards mental agony and harassment caused to the complainant
ii) To pay to the complainant an amount of Rs.1,000/- towards litigation cost.
7. The above amount shall be paid by OP to the complainant within 30 days from the date ofreceiving copy of this orderfailing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order tillpayment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, thecomplainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 23rdday of August, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY :- SATYENDRA JEET
