State Consumer Disputes Redressal Commission
Mr.Prakash Varma vs Dr.Ing.H.C.F.Porsche Ag And Ors. on 23 April, 2009
CONSUMER DISPUTES REDRESSAL COMMISSION CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI CONSUMER COMPLAINT NO.143/2008 Date of filing : 22/09/2008 Date of order : 23/04/2009 Mr.Prakash Varma R/o.279, V Main Road, Old Binnamanagala I Stage Indiranagar Bangalore 560 038 ..Complainant v/s. 1. Dr.ING.H.C.F.Porsche AG Porscheplatz I D-70435, Zuffenhausen Stuttgard Germany, represented by its President And CEO Dr.Wende Lin Wiedeking 2. Porsche Centre Mumbai Shreyans Motors Pvt.Ltd. 13 N.S.Patkar marg, Mumbai 400 007 represented by its Managing Director Mr.Rod Wallace & CEO Mr.Ashish Chordia 3. Precision Cars India Pvt.Ltd. 3 III Floor, District Centre Jasola New Delhi 110 044 Represented by its Operations Manager Mr.Allen Marriage Opposite parties Corum: Shri P.N.Kashalkar, Honble Presiding Judicial Member
Smt.S.P.Lale, Honble Member Present : Mr.Amar Mishra-Advocate for the complainant.
Mr.S.A.Gundecha-Advocate for the O.Ps.
O R A L O R D E R Per Shri P.N.Kashalkar, Honble Presiding Judicial Member Heard Mr.Amar Mishra-Advocate for the complainant. Mr.S.A.Gundecha-Advocate for the O.Ps.
We heard both the counsels extensively on the point of admission only. We are finding that the customized car was booked by the complainant with O.P.nos.1, 2 & 3 and since as per terms and conditions of the said contract, the complainant had not made remaining amount of price, Car was not delivered and ultimately, complainant himself terminated the contract and he has simply filed this consumer complaint to get refund of Rs.66 lakhs paid earlier.
There is no deficiency in service. He has terminated the contract and he has to recover Rs.66 lakhs from the O.Ps. For this purpose he cannot file consumer complaint. He has to approach Civil Court for getting decree passed against O.Ps. Hence we pass following order:-
ORDER
1.
Complaint is rejected at the stage of admission itself.
2. Pronounced and dictated in the open court.
3. Copies of the order be furnished to the parties.
(S.P.Lale) (P.N.Kashalkar) Member Presiding Judicial Member Ms.