Booking of vehicle under wrong category and then not refunding money amounts to defeciency in service.

BEFORE DISTRICT CONSUMERS DISPUTES REDRESSAL FORUM (V)
(North West District)
CSC-Block, Shalimar Bagh, Delhi-110088.

Case No. 658/11

Vipin Gupta
A – 17, Antriksh Apartment
Sector – 14 – Extn. Rohini,
Delhi – 110085.
……….Complainant

Versus

M/s Galaxy Automobiles Pvt. Ltd.,
Through it Managing Director
A – Block, Plot No.2,
Shalimar District Center, Shalimar Place,
Near Rohini Jail, Outer Ring Road,
Delhi – 110088.
……….Respondents/OPs
Coram: SHRI RAKESH KAPOOR, PRESIDENT
SHRI S. C. JAIN, MEMBER
DR.PREM LATA, MEMBER

ORDER

DR. PREM LATA, MEMBER

The question involved in the present case is about booking of “Toyota Etios G-SP’ model vehicle in symphony silver colour with OP by the complainant who had handed over all the relevant documents alongwith a cheque bearing no.780724 dated 9.3.2011 for an amount of Rs.50,000/- as booking amount. The receipt was not issued on the same day, promising to be delivered soon. Complainant sent E-mails dated 26.3.2011 when he did not receive the receipt for booked amount. The same was sent to him which was in fact issued on 10.3.2011 but was sent scanned copy through e-mail with an error on it. The receipt maintained booking of ‘Toyota Etios g ’ in place of ‘Toyota Etios G-SP. This was objected to by complainant through number of e-mails and OPs had also admitted the error vide their e.mail dated 4.4.11, 5.4.11 & 7.4.11 but could not make the correction or issue corrected receipt to complainant inspite of number of communications dated 30.3.11, 4.4.11.
Ultimately complainant had cancelled the booking demanding his dues back because there was no promise of getting vehicle in near future. He was only assured that he will get his vehicle as and when available on his turn. Complainant contacted this forum for return of his booking amount with compensation and cost of litigation.
OPs appeared after receiving the notices, time was granted for filing written statement. In the meanwhile OP had sent a cheque dated 8.6.2011 for Rs.50,000/- towards cancellation of the vehicle which was not acceptable to complainant at this stage. However, court allowed the complainant to encash the cheque during the proceeding on 4.8.2011 without prejudice to his right. OP were directed to file their reply also.
Matter was heard on 6.9.2011 accepting written statement from OP’s.
On perusal of the documents, OP admits the mistake in their written statement stating software problem. As per their version the work ‘SP’ constitutes sub variant of ‘g’ and software in the written statement at relevant time did not support it. Since the booking payment has already been accepted by the complainant on the permission of court; the only question left to be decide is about the compensation for the inconvenience caused to complainant. Looking into the whole affairs, we find OP at fault reading complainant to cancel his desired vehicle. We therefore, direct OP to compensate the complainant with an amount of Rs.10,000/- with cost of litigation to the tune of Rs.25,00/-.
The above orders shall be complied with within 30 days failing which the complainant shall be entitled to interest on the entire awarded amount @ 10% per annum from the date of this order till payment. If OP fails to comply with the above orders, the complainant shall be at liberty to approach this Forum under Section 25/27 of Consumer Protection Act, 1986.
Copy of this order be made available to the parties free of cost as per law and Case File be consigned to Record Room.

Announced on…………………….

(PREM LATA) (S. C. JAIN) (RAKESH KAPOOR)
MEMBER MEMBER PRESIDENT

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Consumerism

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