Order no. 13

            The fact of the case in brief is that the complainant was interested to purchase a Wagon R car under exchange offer with an extra discount of Rs. 50,000/-. The complainant approached the o.p. and the sales executive of o.p., Ms Sutapa Chatterjee came to the office of the complainant along with one valuer on 22/04/2014 and issued a car loan quotation in which the complainant was offered to pay Rs. 2,62,098/- after a discount of Rs. 25,000/- as customer offer and Rs. 1,500/- as corporate discount. The offer price of old car was Rs. 1,65,000/- for purchasing a new Wagon R VXI. The quoted amount was beyond the budget of the complainant and he informed the matter to the o.p. and asked for lower model of Wagon R. On 24/04/2014. Again the said sale executive came to the complainant’s office and approached for a lower model of the car, i.e. Wagon R LXI which was at least Rs. 30,000/- less than the Wagon R VXI with a further discount offer for the old car whose value became Rs., 1,90,000/-. Immediately o.p. issued an order in which the complainant was offered to pay Rs. 2,20,000/- along with his old Maruti Ecco car being no. WB06D 3889 for a new Wagon R LXI under exchange offer inclusive of road tax registration of Rs. 32,419/- and for the car insurance premium of Rs. 13,216/-. As a gift he was also offered car foot mat, mud flap, perfume and seat cover against which she requested a car music system which o.p. agreed without any written commitment. Complainant also approached for finance and o.p. introduced him to SBI PBB, Salt Lake branch for finance. O.p. took a cheque of Rs. 5,000/- as booking money which was to be refunded at the time of the delivery of the said car. Since the old car was hypothecated to LIC and Rs. 88,000/- was required and to get NOC from LIC, complainant applied for a loan of Rs. 3,00,000/ from the bank instead of Rs. 2,20,000/-. The sales executive of o.p. promised that excess loan amount of Rs. 80,000/- and booking amount of R.s 5,000/- would be refunded at the time delivery of the new car. The loan was duly sanctioned and the entire amount was transferred online by the bank to the bank account of o.p. on 30/04/2014. Complainant somehow arranged the amount and repaid the LIC’s dues and got the NOC on 30/04/2014. On 13/04/2014 complainant submitted the old car along with NOC. On 15/05/2014 complainant took the delivery of the new car and asked for the refund of Rs. 85,000/-. O.p. informed that the cheque would be issued on 21/05/2014 since the M. D. of the company was out of station. Complainant believed the o.p., being a reputed concern, as on good faith. On 20/05/2014 o.p. informed the complainant the refund amount would be Rs. 66,000/- without any basis. They charged Rs. 13,216/- for the premium of the new care insurance where the premium was paid Rs. 9,093/- only.       

          Complainant immediately contacted with the o.p. and they admitted there was a mistake and assured the complainant to refund the entire excess amount of Rs. 85,000/- along with excess premium amount of Rs. 4,123/-. On 28/06/2014 complainant received a letter from o.p. in which o.p. quoted a refund amounting to Rs. 65,408/- only. On 03/07/2014 complainant informed his grievance to o.p. On 14/07/2014 CEO of o.p. came to the residence of the complainant and apologized for their mistake and offered Rs. 65,408/- + Rs. 4,123/-. Complainant refused to accept the same. On 11/10/2014 o.p. sent a cheque of Rs. 67,035/- but complainant immediately return the same. Hence the application praying for refund of Rs. 89,123/- along with compensation of Rs. 2,00,000/- and litigation cost of Rs. 10,000/-.

          O.p. contested the case by filing w/v. In their w/v o.p. denied all the material allegations inter alia stated that the allegation of complainant is without any document. After going through the pros and cons of expense of insurance, adjustment of NCB and others accessories of the car, registration fees etc. complainant agreed to accept the offer and paid Rs. 5,000/- as booking amount. The complainant applied for loan and loan of Rs. 3,00,000/- was sanctioned in the name of complainant and it was directly credited to the account of o.p. After adjusting the excess amount the o.p. always ready to pay the amount of Rs. 67,035/- for which the complainant is entitled. O.p. also allotted one music system amounting to Rs. 6,104/-. O.p. sent a cheque amounting to Rs. 67,035/- which was refused by the complainant. So, there is no deficiency on the part of the o.p. and therefore prayed for dismissal of the complaint petition.

Decisions with reasons :

         We have gone through the pleadings of the parties and evidence in particular. The moot question for consideration is whether the complainant is entitled for refund of Rs. 89,123/- as prayed by the complainant or Rs. 67,035/- as offered by the o.p. The complainant argued that he is entitled with the refund amount of Rs. 89,123/-. But no such document has been annexed to corroborate his argument. Complainant had not furnished any document wherefrom it can be revealed that registration charge, insurance charge and charges for other accessories were waived by the o.p. Complainant did not furnish any document from where it can be revealed that he is entitled with the refund amount of Rs. 89,123/-. Rather, o.p. annexed one document wherefrom it reveals that the complainant is entitled with Rs. 67,035/-. Only the premium amount which the o.p. mentioned as Rs. 13,216/-, it is not the actual premium amount. From the insurance paper we have observed that the premium amount was Rs. 9,093/-. Therefore, complainant is entitled with Rs. 4,123/- more. Complainant is also entitled for refund of Rs. 5,000/- as booking amount which was paid by complainant on 28/04/2014.

          O.p. offered different amounts on different occasion and for which the complainant has been harassed. 

          In view of above we find that complainant is entitled to get relief and some compensations for causing harassment and mental agony by the o.p.

           Hence, ordered

           that the case no. CC/778/2014 is allowed on contest with cost. O.p. is directed to refund Rs. 76,158/- (Rupees Seventy Six Thousand One Hundred Fifty Eight) only along with compensation of Rs. 10,000/- (Rupees Ten Thousand) only and litigation cost of Rs. 5,000/-(Rupees Five Thousand) only within 30 days from the date of order, i.d. @10% p.a. interest shall be accrued to the credit of the complainants till realization.     

          Certified copies of this order be supplied to the parties free of cost.