Automobile firm to pay for not delivering car on requested date
CHANDIGARH: The District Consumer Disputes Redressal Forum has penalised Auto Pace Network Limited and ordered it to pay Rs 25,000 as compensation and Rs 5,000 as litigation cost to the complainant, a resident of Sector 22-A, Chandigarh.
The complainant, Surinder Sharma, stated that he had booked a Maruti Swift Car Vxi with Auto Pace Network Limited by depositing Rs 50,000.
He mentioned to the opposite parties that he would prefer to take the delivery of the vehicle on November 4, 2010, on the auspicious occasion of Dhanteras.
The opposite party assured the complainant that the car would be delivered on the preferred date. The complainant approached opposite party on October 8, 2010, for invoice, as he wanted to apply for a bank loan.
The dealer issued the invoice on October 8, 2010, and again assured that the car would definitely be delivered on November 4, 2010.
The complainant applied for loan from State Bank of Patiala and kept on inquiring every now and then, regarding the delivery of the car from the dealer and each time, the same assurance was given to him.
The bank sanctioned a loan of Rs 2 lakh on November 1, 2010, and the complainant deposited a marginal amount of Rs 1,54,616 in the car loan account. The bank issued Rs 3,54,616 in favour of the opposite party and the complainant approached the opposite party.
On November 2, 2010, the sales marketing team of Munish Sharma and Naval Arora were contacted, but they said the car desired by the complainant is not available and he should contact general manager Vishal Jindal in this matter.
After making him wait for nearly one-and-a-half-hour, Jindal declared that the car of the complainant has not come from the company and further told the complainant that he should confirm on telephone about its delivery. The complainant, on same evening sent an e-mail to the company, as well as approached the rest of the opposite party, but nothing was done.
The company, in its reply, stated that the complainant has failed to set out specific allegations against the answering opposite parties in the present complaint and has no case for deficiency in service or unfair trade practice. After seeing the evidence provided by both the parties, the forum penalised Auto Pace Network Limited and ordered it to pay Rs 25,000 as compensation and Rs 5,000 as litigation cost.