NIHAL BIN IQBAL Vs. SHREYANS MOTORS PVT. LTD.

JUDGEMENT

(1.) This appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') assailing the Order dtd. 25/2/2019 passed by the State Consumer Disputes Redressal Commission, Delhi (hereinafter to be referred to as 'State Commission') whereby the complaint was dismissed.

(2.) Heard learned counsel for the appellant and the learned counsel for the respondent no. 3 and perused the record including the State Commission's impugned Order dtd. 25/2/2019 and the memorandum of appeal.

(3.) The brief facts of the case as narrated by the complainant are that on 30/8/2008 the complainant booked a Porsche 911 Carrera 4S Coupe car (hereinafter referred to as the 'car') through respondent no. 1 for a total consideration of Rs.1,10,11,000.00 including custom duty. It is alleged that at the time of booking the complainant paid an amount of Rs.65,00,000.00 to respondent no. 1. The complainant was in touch with the respondent no. 1 for delivery of the car but every time he was told that manufacturing of the car was under process. He further made the payment of Rs.1,00,600.00 on 15/9/2008 when the sale contract was executed between the complainant and the respondent no. 1. The complainant protested the inadequate delays caused in delivery of the car due to the acts of omission and commission of the respondents. It is alleged that the respondent no. 1 admitted the mistake and assured that the complainant would be compensated. It is further alleged that the respondent no. 1 kept providing all kinds of wrong information to the complainant regarding the production of the car and the complainant kept waiting for the car. On 13/3/2009 the complainant was informed that manufacturing of the car was still pending completion. Getting disturbed by the attitude of the respondent no. 1, the complainant sent an email to one Mr. George Wills, who informed the complainant that the production of the car had already completed on March 6, 2009. And this conclusively demonstrates that the respondents have always been misleading the complainant regarding the car. Thereafter, the respondent no. 1 issued a revised price of Rs.1,13,73,000.00 on April 27, 2009 without any reason. The complainant made the remaining payment of Rs.47,66,400.00 to the respondents on 27/4/2009 towards custom duty. It is alleged that the car was shipped for India on July 15, 2009 and arrived in India on July 20,2009, which is delivered on 22/8/2009 with almost one year delay while as per actual norms, car should be delivered within a period of 45 days from the date of booking. It is alleged that when the complainant received the High Sea Sale Invoice, the complainant was shocked to see that the actual price of the car is Rs.42,41,193.00 plus custom duty Rs.47,18,674.00 plus charges for freight forwarder are Rs.44,120.00, amounting to Rs.90,03,966.00. It is further alleged that the charges of Rs.1,10,331.00 levied by Messrs Sai Shipping Services Limited and interest of Rs.31,027.00 on Custom Duty is not the liability of the complainant as the above charges were levied due to above-said acts of negligence of the respondents. It is alleged that an amount of Rs.23,69,034.00 was illegally collected by the respondents in excess from the complainant.