A Punjab Consumer Commission has directed an authorised Toyota dealership to refund a customer’s Rs 1 lakh booking amount with 6 per cent annual interest and pay Rs 20,000 in compensation after holding that it failed to deliver a Toyota Fortuner booked as a wedding gift for the buyer’s daughter before her April 2022 marriage, frustrating the very purpose of the purchase.The Jalandhar District Consumer Disputes Redressal Commission president Dr Harveen Bhardwaj and members Jyotsna and Jaswant Singh Dhillon were hearing a consumer complaint filed by one Akash Deep Kapoor against Castle Toyota ANR Motors Private Limited, an authorised Toyota dealership in Jalandhar, alleging deficiency in service and unfair trade practice over the delayed delivery of a booked Toyota Fortuner.“The consumer cannot be expected to indefinitely wait for the delivery while the dealer/OP continues to retain the booking amount without fulfilling the promise and purpose of the complainant for booking the car…The offer of the delivery after the inordinate delay of three months, when the purpose has already ceased to exist, amounts to deficiency of service,” the commission said on July 3.The commission made it clear that accepting a booking amount while failing to honour the promised delivery timeline can amount to deficiency in service when the delay defeats the very purpose for which the vehicle was booked.Fortuner booked for daughter’s weddingAccording to the complaint, Kapoor booked a Toyota Fortuner (AT) Package 2WD 2.8L 6AT in Super White with a black interior on January 15, 2022, by paying a booking amount of Rs 1 lakh through cheque for his daughter’s wedding gift.He told the commission that the SUV was booked specifically to be presented as a wedding gift to his daughter, whose marriage was scheduled for April 23, 2022. He alleged that the dealership assured him at the time of booking that the vehicle would be delivered before the wedding, and he paid the booking amount on that assurance.However, Kapoor alleged that despite repeated follow-ups, the dealership kept postponing delivery of the SVU which he wanted as wedding gift for his daughter. He further claimed that one of the dealership’s employees informed him that the vehicle could be arranged only if he paid an additional premium over the agreed price.Story continues below this adHe also alleged that customers who had booked vehicles after him received delivery earlier. After a legal notice issued in September 2022 failed to resolve the dispute, he approached the consumer commission seeking a refund, compensation and litigation costs.The dealership contested the complaint, arguing that Kapoor could not be treated as a consumer merely because he had paid a booking amount. It also argued that vehicle allotments depended entirely on the manufacturer and that the manufacturer was a necessary party to the proceedings.It further claimed that Kapoor had been informed in July 2022 that the vehicle was available and was again requested through WhatsApp messages in September 2022 to complete the purchase by paying the balance amount.According to the dealership, Kapoor was interested only in obtaining a refund and not in taking delivery of the vehicle. It denied allegations of demanding any premium or engaging in unfair trade practices.Story continues below this adWhat commission foundThe commission noted that it was undisputed that Kapoor had booked the vehicle on January 15, 2022, by paying Rs 1 lakh and that the dealership had mentioned April 2022 as the expected delivery period.It also found that the vehicle was not delivered before the complainant’s daughter’s wedding.The commission observed that the dealership’s subsequent offers to deliver the vehicle between July and September 2022 came only after the intended purpose of the booking had already been defeated.It held that once the very object of purchasing the vehicle for the wedding had been frustrated, Kapoor could not reasonably be expected to buy a vehicle costing more than Rs 43 lakh months after the promised delivery date.Story continues below this adHolding the dealership guilty of deficiency in service, the commission directed it to refund the Rs 1 lakh booking amount with interest at 6 per cent per annum from January 2022 until realisation.It also awarded Rs 20,000 as compensation for mental tension and harassment and Rs 10,000 towards litigation expenses, directing compliance within 45 days of receipt of the order.Consumer takeawayIf a vehicle booked for a specific occasion is not delivered within the promised timeline, frustrating the purpose of the purchase, consumers can seek a refund, interest and compensation. Dealers cannot expect buyers to wait indefinitely while retaining their booking amount.For consumer-related grievances, individuals may contact the consumer helpline in their respective states and Union territories (Punjab: 0800-22577) or call the National Consumer Helpline at 1915 for assistance.