Decided on March 03,2020

Emcipi Electronics Pvt Ltd Appellant
Shreyans Motors (P) Ltd Respondents

Referred Judgements :-



Prem Narain,J. - (1.) This consumer complaint has been filed by the complainant Emcipi Electronics Ltd. Against the opposite parties M/s Shreyans Motors Ltd. and another.
(2.) Brief facts of the case are that the complainant is a private limited company duly registered with the Registrar of the companies. Opposite party no. 1 is the dealer and agent of sale of car and opposite party no. 2 is the authorized signatory and incharge of the sale of the car named 'PORSCHE'. Complainant approached the opposite party's show room and desired to purchase the car named 'Porsche Panamera' diesel and therefore, opposite party on 19.01.2012 offered to sell the said car for the sale price of Rs. 1,32,98,007.33/-. On 25.01.2012, the opposite party issued proforma invoice no. C00829 order no. VSO 00084 dated 25.01.2012 for the sale of the car and upon relying on the assurance of the opposite party, the complainant paid a sum of Rs. 13,32,958/- as the booking amount to the opposite party. Opposite party vide letter dated 28.01.2012 issued vehicle identification no. WPOZAC 977 CL024224 Engine No. CRCC-041316 and requested the complainant to make 100% payment of the car. Thereafter, the complainant paid a sum of Rs. 1,19,65,050/- DD No. 611626 dated 28.01.2012 to the opposite party and the receipt for this amount was issued on 30.01.2012. Complainant on various occasions contacted opposite party for the delivery of the car as 100% amount of the car was already paid. Complainant served legal notice dated 18.05.2012 to the opposite party for the non-delivery of the car after 100% payment but no positive action was taken by them. Hence, the complainant filed the complaint before this commission with the following prayer :- I. "To remove the deficiency in the services i.e. to deliver the said car i.e. PORSCHE PANAMERA DIESEL which was booked vide customer no. C00829 order no. VSO 00084 dated 25.01.2012 to the complainant with further directions to pay the following amount as compensation. II. To pay the due interest @ 24% p.a. w.e.f. 25.01.2012 to till the date of payment. III. To pay Rs. 10,00,000/- being the loss caused to the reputation as well as the defamation to the complainant. IV. To pay Rs. 15,00,000/- towards the loss and damages suffered by the complainant due to mental tension and harassment caused by the respondents. V. To pay Rs. 5,00,000/- being the cost of litigation to the complainant."
(3.) During the pendency of the said complaint, the opposite party refunded an amount of Rs. 13,32,958/- vide DD no. 154511 dated 10.06.2014 drawn on Kotak Bank, which was accepted by the complainant under protest.;

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