BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR

Complaint No.362 of 2018

Date of Instt. 04.09.2018

Date of Decision: 30.10.2019

Neelam Vij w/o Ashwani Kumar Vij, House No.17, Nahar Kinara, New Madhuban Colony, Kapurthala Road, Jalandhar.

..........Complainant

Versus

M/s Kosmo Automobile, (A unit of Kosmo Plastic Export Ltd.) G.T. Road, Opp. Delhi Public School, Jalandhar.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before: Sh. Karnail Singh (President)

Smt. Jyotsna (Member)

Present: Sh. Naveen Chhabra, Adv Counsel for the Complainants.

OP exparte.

Order

Karnail Singh (President)

1. This complaint has been filed by the complainant, wherein alleged that complainant purchased I20 Asta Dual One CRDI Tone X 5B+ PSW car from OP on 10/7/2017 and as per instructions, complainant got issued a draft for Rs. 9,00,000/- approximately which will include car price/ number plate/ car insurance/ registration charges/ ACC Kit. The OP assured the complainant that excess amount out of the said draft of Rs. 9,00,000/- will be refunded after adjusting the above detailed expenses/ charges.

2. That OP issued invoice No. N6208H201700274 dated 10/7/2017 in favour of the complainant for Rs. 8,11,678/-. One insurance cover note & one registration certificate of car, whereas the OP has not given the detail of Rs. 88,322/- which is the difference of draft amount of Rs. 9,00,000/- and invoice value of Rs. 8,11,678/-. Complainant alongwith her husband visited the OP many times during the last one year i.e. since the purchase of car but the OP all times made lame excuses and has not given the detail of difference from the amount of draft & invoice.

3. That ultimately, complainant got served a legal notice upon the OP through his counsel under registered post on 17/7/2018 inspite of receipt of legal notice, the OP has neither replied the notice nor given detail of Rs. 88,322/- i.e. the difference between draft & invoice till date. Hence necessity arose to file the present complaint because there is no negligence and deficiency in service on the part of OP and further prayed for admission and also sought relief in the shape of direction to OP to pay the difference of amount after deducting the amount of various charges from draft of Rs. 9,00,000/- by giving the detail of Rs. 88,322/- and further OP be directed to pay compensation of Rs. Rs. 50,000/- for causing mental agony and harassment to the complainant and further OP be directed to pay cost of litigation expenses of Rs. 20,000/-.

4. Notice of the complaint was given to the OP, but despite service OP miserably failed to appear and ultimately, OP was proceeded against exparte.

5. In order to prove his exparte claim, the counsel for the complainant tendered into evidence some documents Ex.C-1 Acknowledgment, Ex. C-2 copy of retail invoice, Ex. C3 copy of legal notice and closed the evidence.

6. We have heard the learned counsel for the complainant and also gone through the case file very minutely.

7. In nutshell, complainant alleged that she purchased car I20 Asta Dual Tone CRDi on 10/7/2017 from OP. OP agreed to provide possession of the car, car insurance, registration charges, number plate and ACC Kit. The complainant also paid an amount of Rs. 9,00,000/- in the shape of draft, against that draft OP has issued invoice only for an amounting to Rs. 8,11,678. Photostate copy of the invoice is Ex. C2 and photostate copy of the demand draft is Ex. C1 but the OP miserably failed to give details of the remaining amount Rs. 88,322/- which is differences of the draft amount of Rs. 9,00,000/- and invoice value. Complainant further alleged that she visited the showroom of OP number of times but OP did not ready to give the detail of said amount which is clear cut negligence and deficiency in service on the part of the OP. We are fully agreed with the exparte version of the complainant because the case of the complainant is remained unrebutted and unchallenged being reason, the OP despite service did not bother to appear in the Forum and we have no option except to accept the exparte version of the complainant and thus, complaint of the complainant is partly accepted and OP is directed to give the detail of remaining amount of Rs. 88,322/- to the complainant if any amount become due towards the OP, the same will be refunded to the complainant and further OP is directed to pay compensation to the tune of Rs. 10,000/- to the complainant for causing mental tension and harassment. Apart from that OP is also directed to pay litigation expenses of Rs. 5,000/-. The entire amount as stated above will be refunded to the complainant within 30 days from the date of receipt of copy of order failing which OP will liable to pay interest thereon @ 12% per annum from the date of filing the complaint i.e. 4/9/2018 till realization. This complaint could not be decided within stipulated time frame due to rush of work.

8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated Jyotsna Karnail Singh

30.10.2019 Member President