First Appeal No. 140 of 2015. Case: CM Auto Sales (P) Ltd. Vs Nav Kiran Dhaliwal and Ors.. Chhattisgarh State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. 140 of 2015
Party NameCM Auto Sales (P) Ltd. Vs Nav Kiran Dhaliwal and Ors.
CounselFor Appellant: Amit Bhanot, Advocate and For Respondents: D.S. Dhaliwal, Advocate
JudgesJ.S. Klar, (Presiding Member (J)) and Surinder Pal Kaur, Member
IssueConsumer Protection Act, 1986 - Sections 12, 14(1)
Judgement DateApril 05, 2017
CourtChhattisgarh State Consumer Disputes Redressal Commission

Order:

J.S. Klar, (Presiding Member (J)), (Chandigarh)

  1. The appellant has directed this appeal against order dated 16.12.2014 of District Consumer Forum Mohali, directing the appellant, as opposite party No. 2, to deliver form No. 22 to complainant within one month from receipt of certified copy of order, to pay Rs. 9,000/- for offer of scratch card coupon with interest @ 9% p.a, to refund amount of Rs. 5,031/- being overcharged for insurance with interest @ 9% p.a and to pay Rs. 50,000/- as compensation for mental harassment. The complaint of the complainant was dismissed against OP No. 1 and 3 only by District Forum. The appellant is opposite party No. 2 in the original complaint before District Forum and respondent No. 1 is the complainant and respondents No. 2 and 3 are opposite parties No. 1 and 3 therein and they be referred as such hereinafter for the sake of convenience.

  2. The complainant has filed the complaint U/s 12 of The Consumer Protection Act, 1986 (in short, "the Act") against the OPs on the averments that she has been working as government teacher. Opposite party No. 2 is authorized dealer of OP No. 1 and has been running its office under the name and style as CM Auto Sales (P) Ltd. Tehsil Kharar District SAS Nagar (Mohali). The advertisement was issued by OPs in various newspapers promoting their sales of vehicles of Maruti Suzuki Company by offering various attractive gifts, by way of bumper prize through scratch card offer with assured gift up to Rs. 9000/- on all models of Maruti Suzuki vehicles. The above-mentioned offers were published as "March Celebrations" and were valid till 31 March 2014 and advertisement was published in newspaper Daily Ajit Jalandhar. On the allurement of above advertisement published in the above newspaper, complainant approached the office of OP No. 2 at Kharar for purchase of vehicle Alto K-10 a model of Maruti Suzuki. The sales manager of OP No. 2 assured the complainant regarding the genuineness of offer given in the above advertisement. He also assured to arrange for loan facility from SBI in an easy way at their end. He asked the complainant to sign loan forms by going to the bank and also to deposit certain documents i.e. salary slip, salary certificate issued by competent authority, two self attested photographs, blank cheque for security purposes, identity proof in the form of voter ID Card, bank account statements of customers. The complainant deposited all the requisite documents with sales officer namely Mr. Inderpreet Singh of OP No. 2 and also signed all documents for availing loan facility of Rs. 2 lac at SBI, as directed by the official of OP No. 2. The complainant was telephonically conveyed on 12.03.2014 by the sales official Inderpreet Singh. OP No. 2 sanctioned of Rs. 2 lac as loan in her favour and complainant was directed to come and take delivery of the vehicle Alto K-10 after paying balance amount of Rs. 1,29,850/-. The balance amount remained out of the total sale price of Rs. 3,29,850/- of the vehicle Alto K-10 inclusive insurance charges and extended warranty of two additional years. The actual sale price of the vehicle Alto K-10 VXI Model was Rs. 3,12,681/-. The complainant deposited a sum of Rs. 1,29,850/- against valid receipt dated 13.03.2014 with OPs. On 13.03.2014, before delivery of the above said vehicle by OP No. 2 through its sales officials Mr. Inderpreet Singh, it was intimated to the complainant that vehicle required insurance and for that purpose, a sum of Rs. 11,329/- was to be charged as insurance charges in favour of National Insurance...

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