Dealer to refund Rs 10k booking amount for non-delivery of bike

DEHRADUN: The district consumer disputes redressal commission of Bageshwar has ordered a bike showroom in Haldwani to refund the booking amount for failure to deliver the vehicle to the customer. The commission also slapped a fine of Rs 15,000 for mental agony and litigation charges.
Pavan Nagerkoti from Bageshwar said in his petition that on February 2, 2020, he had paid Rs 10,000 as the booking amount for the bike.He was promised that the vehicle would be delivered to him on the date of launch but Nagerkoti did not receive his bike. Nagarkoti said that after three months he got a call from the showroom to take delivery of the bike but he refused and instead asked for a refund of the booking amount. However, the showroom manager refused and Nagarkoti decided to take a legal recourse.
Advocate Nand Kishore Bhatt, counsel for the showroom, said that it was clearly written on the receipt that the “booking amount is non-refundable”. He further argued that since the petitioner had not purchased anything from his client, he does not fall under the category of consumer.
The court found that after receiving the booking amount, the respondent became a service provider. “There was deficiency in services on the part of the showroom for failing to provide the bike to its customer on the date of launch,” the commission said and ordered the showroom to pay the compensation amount within 30 days.