BERKELEY AUTOMOBILE LTD. Vs. ABHINEET GARG AND ORS.

JUDGEMENT

(1.) The present Revision Petition under Sec. 21(b) of the Consumer Protection Act, 1986 (for short "the Act") has been filed against the order dtd. 30/9/2014 of the State Consumer Disputes Redressal Commission, U.T. Chandigarh (for short "the State Commission") in Appeal No.276 of 2014 whereby the Appeal of the Petitioner, Opposite Party No.2 in the original Complaint, (hereinafter be referred as "the dealer"), against the order dtd. 19/6/2014 of the District Consumer Disputes Redressal Forum-II, U.T. Chandigarh (for short "the District Forum") in CC/530/2012 was partly allowed. The District Forum had allowed the Complaint of the Complainant.

(2.) The brief facts of the case are that the Complainant had booked a Maruti Dzire car with the dealer, through its manufacturer Maruti Suzuki Udyog Limited and paid a sum of 50,000/-. Subsequently, he paid the balance amount of 6,30,000/- through RTGS in the account of the dealer. On receipt of the entire sale price, the subject vehicle was delivered to the Complainant. At the time of delivery of the subject vehicle, certain papers like Registration Certificate and insurance papers were not handed over to the Complainant. On the assurance, that the papers would be subsequently delivered, the Complainant had taken the vehicle. Subsequently, he learnt that although the dealer had taken the cost money of the new Maruti Dzire car but he has been given a second hand vehicle. He approached the dealer who promised to replace the vehicle but when nothing was done, the Complaint was filed with the District Forum.

(3.) Before the District Forum, the defence taken by the dealer was that the Complainant and the employee of the dealer colluded for getting out of turn allotment of the said vehicle and the dealer is not liable for the act of its employee. An FIR against the agent was also got registered since the said agent had duped many other customers of the dealer.