Delhi

East Delhi

CC/162/2019

LALIT TYAGI - Complainant(s)

Versus

HIMGIRI AUTO. - Opp.Party(s)

02 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No.162/2019

 

 

	Lalit Tyagi S/o Shri Prakash Chand Tyagi C/o Shri Hemant Tyagi R/o 9-D, DDA Flats, M.S. Park, Shahdara, Delhi – 110032.	….Complainant
Versus
	Himgiri Auto (India) Pvt. Ltd. (Th. Manager/General Manager)   Ishan Gosain (Branch Head)   Rashid Malik       (Sales Executive/Consultant)   All at: CBD Ground, Aditya Mall, Near Karkardooma Courts, Delhi-32	……OPs

 

Date of Institution: 14.05.2019

Judgment Reserved on:  27.02.2023

Judgment Passed on: 02.03.2023

               

QUORUM:

Sh. S.S. Malhotra (President)

Ms. Rashmi Bansal (Member)

Sh. Ravi Kumar (Member)

 

Order By: S.S. Malhotra (President)

 

JUDGEMENT

        By this order the Commission would dispose off the claim of the complainant with respect to deficiency in service by OPs in not giving him the car booked by him in time and then not returning his advance of Rs.25000/- as deposited by him.

        Brief facts stated by the complainant in the complaint are that he approached OP1 on 20.01.19 for purchasing a car to give gift to his sister and deposited Rs.25,000/- i.e. Rs.19,000/- vide receipt number 4683 and Rs.6,000/- vide receipt number 4684 in the name of bride groom, namely Mr. Prince Tyagi but despite the assurance that the vehicle will be delivered on or before 15.02.2019, the vehicle was not delivered and having no option complainant had to purchase car from some other showroom and then he sent Legal Notice to the OP for returning the amount for Rs.25,000/- alongwith damages and since it was not returned and therefore he has filed the present complaint seeking direction to the OP to return Rs.25,000/- as deposited by him with interest @24% P.A. alongwith compensation of Rs.5,00,000/- and litigation expense of Rs.5,000/-

The OPs were served and filed the written statement taking preliminary objection that complaint is not maintainable, as the same is without  any cause of action, no negligence or deficiency of service has been alleged and even otherwise in reply to legal notice the OP had written to the complainant to collect the amount of Rs.25,000/- from the OP1 and therefore complaint be dismissed.

On merit booking of the car, making payment of Rs.25,000/- and OP was not able to give delivery in time are admitted facts but it is denied that complainant has any right to file the complaint.

Complainant was directed to file rejoinder and its evidence but complainant has not filed evidence. OP has also not filed any evidence.

The Commission has heard the arguments of OP and has perused the record.

Complainant has not come forward either to file rejoinder or for leading evidence. The facts in nutshell is that complaint booked the car with OP1, deposited Rs.25,000/- OP1 could not deliver the car within time but after having received the legal notice the OP1 was ready to return the amount and has specifically written the fact in the written statement.

        Complainant has not filed any evidence and it is settled principle of law that pleadings how so ever strong may be cannot take place of proof and in this case, since there is no evidence, the complainant cannot succeed, in absence of any evidence in support of his pleadings. Therefore complaint of the complainant is dismissed. Copy of this order be given/be sent to both the parties free of cost.

        File be consigned to be Record Room.

        Announced on 2^nd day of March, 2023.