BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT PUDUCHERRY
THURSDAY, the 9th day of November, 2017
FIRST APPPEAL No. 25/2016
M/s Valli Motors, Rep. by its
Authorised Signatory Mr.Senthil,
Son of Selvarajan Having office at
No.288, M.G.Road, Muthialpet,
Puducherry. ………… Appellant
Vs.
1. N.Kumarasamy, S/o Natesa Pillai,
No.46, IV Cross Street,
Venkata Nagar, Puducherry -11.
2. The Authorised Signatory,
Mr. Sri Ram Chits & Finance,
No.15, Second Street,
Rangapillai Street, Puducherry. ………….. Respondents
(On appeal against the order passed in C.C.No.47/2012, dt.11.10.2016 by District Forum, Puducherry)
C.C.No.47/2012
N.Kumarasamy, S/o Natesa Pillai,
No.46, IV Cross Street,
Venkata Nagar, Puducherry -11. …………. Complainant
Vs.
1. M/s Valli Motors, Rep. by its
Authorised Signatory Mr.Senthil,
Son of Selvarajan Having office at
No.288, M.G.Road, Muthialpet,
Puducherry.
2. The Authorised Signatory,
Mr. Sri Ram Chits & Finance,
No.15, Second Street,
Rangapillai Street, Puducherry. ………… Opposite Parties
BEFORE:
HON’BLE THIRU JUSTICE K.VENKATARAMAN,
PRESIDENT
THIRU. S.TIROUGNANASSAMBANDANE,
MEMBER
FOR THE APPELLANT:
Tvl. A.Kanniappan & K.Balaji,
Advocates, Puducherry.
FOR THE RESPONDENTS:
Thiru S.Savariram,
Advocates, Puducherry - for 1st respondent
Tvl.S.Pragash & S.Velmurugan,
Advocates, Puducherry – for 2nd respondent.
O R D E R
This appeal is directed against the order of the District Consumer Disputes Redressal Forum, Puducherry, dated 11.10.2016 made in C.C.47/2012.
2. The 1st opposite party before the District Forum is the appellant herein and the complainant and 2nd opposite party thereon are the respondents.
3. The parties are referred to in the same position as they have been referred before the District Forum for the sake of convenience.
4. The complainant laid the complaint before the District Forum alleging that for purchase of Blue colour Hero Maestro (New) Model motorcycle, he has paid a sum of Rs.20,000/- by cash to the opposite party No.1 and availed loan from the 2nd opposite party, which has directly paid to the 1st opposite party a sum of Rs.34, 232/-. Thus, the entire amount has been paid towards the vehicle. However, the vehicle has not been handed over and hence the complainant preferred complaint before the District Forum.
5. The District Forum directed the 1st opposite party to return the amount of Rs.20,000/- paid by the complainant as advance; Rs.30,000/- towards compensation for loss and sufferings; and Rs.5,000/- towards cost of proceedings.
6. Challenging the said order of the District Forum, the 1st opposite party preferred appeal. The matter was argued by both the counsel and thereupon the parties agreed for settlement, in and by which, the appellant has drawn a Demand Draft in favour of the complainant for a sum of Rs.45,000/- (Rupees Forty-Five Thousand only) on ICICI Bank, Puducherry, dated 09.11.2017, and the complainant agreed to receive the same from the 1st opposite party as full and final settlement. The 1st opposite party also whole-heartedly has taken the Demand Draft for settling the matter. Today, the Demand Draft has been handed over by the 1st opposite party to the complainant, who has received the same as full and final settlement. It is also assured that no other claim will be made by the complainant against 1st opposite party in connection with this transaction.
7. In view of the above stated position, the appeal is closed. The fixed deposit receipt filed by the 1st opposite party at the time of filing appeal, is ordered to be returned to O.P.No.1 on proper identification.
Dated this the 9th day of November, 2017
(Justice. K.VENKATARAMAN)
PRESIDENT
(S.TIROUGNANASSAMBANDANE)
MEMBER
