LAWS(NCD)-2016-9-72

HEMANT GOYAL MOTORS PVT. LTD. THROUGH ITS DIRECTOR HEMANT GOYAL, RAJPURA ROAD, PATIALA PUNJAB Vs. HIMMAT SINGH S/O. SHRI HARDEV SINGH, R/O. VILLAGE BALLOKE, TEHSIL AND DISTRICT

Decided On September 16, 2016
Hemant Goyal Motors Pvt. Ltd. Through Its Director Hemant Goyal, Rajpura Road, Patiala Punjab Appellant
V/S
Himmat Singh S/O. Shri Hardev Singh, R/O. Village Balloke, Tehsil And District Respondents

JUDGEMENT

(1.) The complainant/respondent namely Himmat Singh purchased a car make Fiat Punto on 28.01.2011, for a consideration of Rs.5,24,253.00. The case of the complainant is that when he visited the workshop of Dada Motors Pvt. Ltd. at Ludhiana for the second service of the vehicle, they refused to provide service, taking the ground that it was an old vehicle. This was also the case of the complainant in the complaint filed before the District Forum, that he procured the service record of the said vehicle and it came to be discovered that the vehicle was released in the name of the one Mr. Dalbir Singh S/o Harbir Singh, to whom it was sold by the petitioner on 27.08.2010 and the said vehicle was registered in his name against registration no. PB-13X-5480. Alleging cheating with him, the complainant approached the concerned District Forum by way of complaint seeking refund of the amount along with compensation.

(2.) The complaint was resisted by the petitioner, primarily on the ground that though the vehicle in question was an old vehicle, the said fact was duly conveyed to the complainant at the time of sale of vehicle and an extra discount of Rs.46,958.00 was also given to him on account of age of the vehicle.

(3.) The District Forum vide its order dated 21.05.2012, allowed the complaint and directed the petitioner to refund the amount paid by the complainant against receipt of the car and also pay compensation quantify at Rs.1,00,000.00 (Rupees One Lac).