Concorde Motors was directed to refund ₹ 40,000 and pay a compensation of ₹25,000 to an Army employee who bought a car from them after a consumer forum noted that it had failed to return an amount which was paid in excess. The District Consumer Disputes Redressal Forum – I at Hyderabad was dealing with a complaint filed by Janakiram K, a resident of Mamidipally in Nizamabad district.
Excess payment
The complainant stated that he bought a TATA Tiago XZ from Concorde Motors (India) Limited in Khairatabad. On November 3, 2018, he paid ₹5,19,999 of which ₹ 4 lakh was a loan. He stated that an excess payment of ₹ 40,000 was made. After the car was delivered, the complainant sought a refund of this amount. The respondent stated that it would do so as soon as possible.
On April 19, 2019, the complainant received correspondence from TATA Motors Ltd, who is the second respondent, stating that records do not reflect an excess payment. The complainant stated that this excess amount was subsidy which he should receive for the purchase of the vehicle given the fact that he is an Army employee.
The forum noted that while Concorde Motors remained ex parte, TATA Motors, for their part, denied any allegation of unfair trade practices.
Concorde Motors is one of its dealers and explained it does not deal with customers with sale of its products. The car purchase was a bipartite agreement between the complainant and Concorde Motors.
The forum stated that the payment receipt of ₹ 65,000 from Canteen Stores, Department of Defence and cash receipt for ₹ 40,000 as balance establish the complainant’s purchase.
The forum said Concorde Motors in an email expressed regret for the delay in returning the ₹ 40,000. “In this mail also opposite party No.1 tendered apology to the complainant for causing delay in refunding the amount.
The forum found merit in TATA Motor’s stand and it dismissed the complaint against it. It directed Concorde Motors to refund ₹40,000 and pay a compensation of ₹ 25,000 and ₹5,000 towards costs.