The Delhi State Consumer Disputes Redressal Commission observed that despite paying the entire price of the sports utility vehicle Porsche Cayenne, Pankaj Nagdev, director of an export firm, was left empty handed and it amounts to sheer misuse of the money paid by the buyer.
The entire sale price has been paid by complainant, but he remains with empty hands in as much as despite the amount received by the opposite parties, the booking of the car was cancelled without any reason. The opposite parties have not mentioned anywhere, at any point of time, as to why booking of the car was cancelled despite receipt of the entire amount.
There is sheer misuse of the amount paid by complainant to opposite parties, a bench comprising members Salma Noor and V K Gupta said.
The commission noted that the opposite parties, including Porsche, its dealer, distributor and importer in Delhi, had agreed to refund the entire cost of the SUV only after Nagdev had lodged a criminal case with the police.
This shows the height of high handedness and criminal intention on the part of the opposite parties for which the complainant had to take recourse on the criminal side also, it said.
It directed Porsche and the others to jointly and severally pay Rs 14,45,529 to Nagdev towards the interest paid on the loan availed to buy the SUV and to also pay him compensation of Rs 15 lakh.
According to Nagdev, he had booked a Porsche Cayenne and paid its entire cost of Rs 87 lakh by July 2011, but the booking was cancelled in October 2011 without giving him any reason.
Nagdev had also said in his complaint that the amount paid by him was refunded only after he had lodged a criminal case against all the parties involved.
He had further said he availed a loan of Rs 65 lakh to buy the car and had to pay an amount of Rs 14.45 lakh as interest on the borrowed money, till it was refunded by the dealer.
Porsche and the others in their defence had contended that only the dealer is responsible to pay the compensation as the rest of them did not have any kind of dealing with Nagdev.
The forum, however, said the dealer had connived with the other parties to achieve wrongful gain by depriving the customer of the use of the amount he had paid.
There is no denying the fact that complainant has paid the entire amount of car to the tune of Rs 87,00,000 to the opposite party 2 (Porsche dealer) but the dealer in connivance with other opposite parties played a foul role to achieve wrongful gain to them and wrongful loss to complainant, who is deprived of the use of the said amount.