STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

M/s BR Aluminum, Bhagwanpura Road, Sunam, District: Sangrur, Punjab through its Partner Sh. Sunil Jain competent and duly authorized.

Versus

M/s Audi Chandigarh M/s Ashwani Automobiles Private Limited, 54, Industrial Area, Chandigarh-160002 through its Managing Director.

Email: info@audichandigarh.in

…..Opposite party

BEFORE:             JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT.

                             MR.RAJESH K. ARYA, MEMBER

 Present:-             Sh.Devinder Kumar, Advocate for the complainant.

       Sh.Gaurav Bhardwaj, Advocate for  the opposite party.

JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                    The prime question to be discussed in this case is, as to whether, the opposite party is entitled to forfeit the booking amount of the car in question, when the customer/complainant had got it cancelled?

2.           The facts in brief are that Sh.Sunil Jain, partner of the complainant firm (in short the complainant), allured by  various newspapers, other sources of media, internet as well as printed material booked one Audi A-6 Grey Colour, on 19.07.2022 with the opposite party, for a total price of Rs.60 lacs. For booking of the said car, the opposite party obtained the signature of the complainant on Sales Contract/booking form (Annexure C-2), which one is a standard format agreement. An amount of Rs.1,00,000/- was paid by the complainant via NEFT UTR:PUNBH22201470949 dated 20.07.2022 to the opposite party, towards the said booking.  Due to some financial reason, the complainant postponed the idea to purchase the said car and vide Letter dated 28.07.2022 (Annexure C-4), requested  the opposite party to cancel the booking and refund the booking amount of Rs. 1,00,000/-.  However, the opposite party refused to refund the booking amount. Resultantly, the complainant wrote email dated 28.07.2022 (Annexure C-5), to the manufacturer and explained all the facts with the request to cancel the booking and to refund of the amount of Rs.1,00,000/- by the opposite party. In response, manufacturer replied vide email dated 28.07.2022 (Annexure C-6) assured the complainant that it will consider his concern.  Thereafter, the opposite party sent email dated 28.07.2022 at 7.04 PM (Annexure C-7) to the manufacturer, with copy to the complainant, mentioning therein that the request of the complainant for refund of the booking amount is not genuine. In addition, the opposite party sent  another email dated 28.07.2022 at 7.46 PM (Annexure C-8) to the complainant, intimating that "We are reviewing your case and will get back to you shortly with more details". Instead of refunding the amount to the complainant, opposite party with malafide intentions sent email dated 01.08.2022 (Annexure C-9) to the complainant and intimated that "Since the car is being ordered on demand the booking amount will not be refundable no matter what so ever be the reason. The sales contract was signed post your agreement on the same". Thereafter, the manufacturer also sent email dated 02.08.2022 (Annexure C-10) to the complainant, taking the same stand as taken by the opposite party in email dated 01.08.2022 and refused to consider the genuine request of the complainant.  Under those circumstances, the complainant again sent email dated 06.08.2022, (Annexure C-11)  to the manufacturer and explained all the facts and denied the allegations of opposite party leveled against the complainant but to no avail.  Hence this complaint has been filed, seeking following relief:-

1. To set aside the terms and condition of the Sales Contract dated 19.07.2022 and declare the same as null and void being illegal on account of being an "unfair contract", as defined under Section-2 (46) of the Consumer Protection Act, 2019.
2. To refund the amount of Rs. 1,00,000/- along with in