Date of filing:- 20/05/2022. Date of Order/Judgement:-11/07/2023.
DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION
B A R G A R H
CONSUMER COMPLAINT NO. 8 OF 2022
Lalit Mohan Bhoi, Son of Chhatrapati Bhoi, aged about 41 years, resident of Vill/Po. Gobindpur, Po/Tahasil/Dist. Bargarh.
Complainant.
-: V e r s u s :-
(1) The Manager, Authorised Dealer of Hyundai Motor India Ltd, Situated at Srihari Nagar,
N.H. 6, Po. Gudesira, Ps/Dist. Bargarh.
(2) The manager, Hyundai Motor India Ltd, Plot. No.5, 2nd and 6th floor, corporate 1,
Banni Building, Josala Vihar, New Delhi 110025. Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Sri S.N. Padhi with Associates.
For the Opposite Parties:- :- Ex-parte.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt. 11/07/2023. -: J U D G E M E N T:-
Presented by Smt. Anju Agarwal, Member (w) :-
- The case of the Complainant that the Complainant on Dt. 24/02/2021 has purchased a Hyundai Venue Model car bearng Regd No. OD-17-B-1959 from the Opposite Party No.1. The Opposite Party No.1 has committed to give discount of Rs. 10,330/-(Rupees ten thousand three hundred thirty)only and to give mat, mudflap, steering cover, prefer and body cover to the Complainant free of cost. The cost of car was Rs. 9,97,400/-(Rupees nine lakh ninety seven thousand four hundred)only and additional charges towards insurance and road tax was taken for which the total cost of the Car was Rs. 11,31,350/-(Rupees eleven lakh thirty one thousand three hundred fifty)only. The Complainant paid Rs. 11,21,000/-(Rupees eleven lakh twenty one thousand)only to the Opposite Party No.1 out of with Rs.6,00,000/-(Rupees six lakh)only to be financed by the Opposite Party No.2. The free items as mentioned were not supplied to the Complainant by Opposite Party No.1. When the Complainant received the R.C. Book and insurance policy certificate it was found that the Opposite Party No.1 has illegally collected excess amount i.e. Rs. 14,727/-(Rupees fourteen thousand seven hundred twenty seven)only towards insurance of the vehicle and Rs. 6,272/-(Rupees six thousand two hundred seventy two)only towards registration charge of the vehicle.
When the Complainant told the Opposite Party No.1, the Opposite Party No.1 returned Rs. 5,000/-(Rupees five thousand)onlyh in the form of cheque. The Opposite Party No.1 has harassed the Complainant of the time of servicing the car.
Hence, the Complainant sought redressal before this Commission.
- The case of the Opposite Party is that the Opposite Party No.1 and 2 did not appear before this Commission, Hence set exparte.
- Perused the documents filed by the Complainant and following issues are framed:-
ISSUES
- Whether the Opposite Parties are deficient in their service ?
- What relief the Complainant is entitled for ?
Issue No.1.
The Complainant had purchased a Hyundai Motor car bearing Regd. No. OD-17-B-9159 from the Opposite Party No.1 on 24/02/2021. The Complainant paid Rs. 9,97,400/-(Rupees nine lakh ninety seven thousand four hundred)only ex-showroom price, Rs. 48,338/-(Rupees forty eight thousand three hundred thirty eight)only towards insurance and Rs. 84,992/-(Rupees eighty four thousand nine hundred ninety two)only towards road tax and registration for the aforesaid car, total amounting to Rs. 11,31,330/-(Rupees eleven lakh thirty one thousand three hundred thirty)only. The RC Book bearing RA 10008751 reveals that the Opposite Party No.1 has paid Rs. 78,720/-(Rupees seventy tight thousand seven hundred twenty)only towards the MV tax and Rs.33,611/-(Rupees thirty three thousand six hundred eleven)only towards insurance of the vehicle. The Opposite party No.1 has taken Rs.6,272/-(Rupees six thousand two hundred seventy two)only towards excess amount for the Road tax and excess amount Rs.14,727/-(Rupees fourteen thousand seven hundred twenty seven)only towards insurance which amount to unfair trade practice committed by the Opposite party No.1 and it has been also been admitted by the Opposite Party No.1 that in the legal notice that Rs.5,000/-(Rupees five thousand)only was returned through cheque towards excess amount. The Opposite Party No.1 has not supplied the free accessories to the Complainant as committed.
The Opposite Party after due receipt of the notice never appeared knowing that the Complainant has filed a Complaint. The Complaint is duly supported by the documentary evidence along with the oral evidence which has not been disputed by the Opposite Parties due to their non appearance.
Hence, this issue is answered accordingly.
Issue No.2:-
As discussed supra, the Complainant is entitled for relief claimed.
O R D E R
The Complaint is allowed exparte against the Opposite Parties. The Opposite Party No.1 is directed to refund excess amount taken towards vehicle bearing Regd. No. OD-17-B-9159 and to pay amount of Rs. 50,000/-(Rupees fifty thousand)only towards mental harassment and Rs.10,000/-(Rupees ten thousand)only towards litigation cost to the Complainant within one month of this Order, failing which the entire order will carry 9% P.A. till realization.
Order pronounced in open court on this 11th day of July 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Jigeesha Mishra) (Smt. Anju Agarwal)
Dt.11/07/2023 Dt.11/07/2023
P r e s i d e n t M e m b e r (w)
