D.O.F. 26.05.2009
D.O.O.22.11.2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
Present: Sri. K.Gopalan : President
Smt. K.P.Preethakumari : Member
Dated this the 22nd day of December 2011.
C.C.No.134/2009
K.V.Sudhakaran,
Karoth Valappil House,
P.O.Keezhara,
Kannapuram Amsom, Desom Complainant
Pramod,
S/o. Nanu,
Near Kannapuram Poomalakavu,
Kannapuram Amsom, Desom,
Kannur Taluk. Opposite Party
(Sales Officer,
KVR Dream Vehicles Pvt.Ltd.,
P.O.Kizhunna, Thottada,
Kannur.
O R D E R
Smt. K.P. Preethakumari, Member.
This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the opposite party to refund `34,844 with interest and cost.
The case of the complainant in brief is that he had decided to buy a car as per the persuasions made by opposite party who was sales officer of KVR dream vehicle and as a result the complainant had given `77334 to the opposite party for paying the same to the KVR dream vehicle as an advance amount for buying an Indica Xeta car and the opposite party has issued a receipt dt.16.9.08 for the same. But the opposite party and the above said KVR dream vehicles are not ready to deliver the vehicle as promised and at last during January 2009 they informed the complainant that they are not ready to deliver the vehicle and will refund only `31,000, because the KVR dream vehicle has issued a receipt for `31,000 only and for the balance amount, the opposite party has issued receipt on behalf of them. So the complainant had filed this complaint by arraying them, the KVR dream vehicles and Manger, KVR Dream vehicles as opposite parties. But during the pendency the complainant and the KVR dreams vehicles have reached a settlement for paying `98,520. But at that time the complainant realized that the opposite party had paid only `42,500 to the KVR dream vehicles and at the time of receiving the balance amount of `34,844, opposite party was not working with them. So they have refund the above said amount of `42,500 and hence the complainant has withdrawn his claim against the KVR dream vehicles opposite parties 1 and 2 and amended the complaint. The opposite party had issued a receipt for `77334 and out of which `42,500 was paid by KVR dream vehicle. So the opposite party is liable to pay `34,844 to the complainant with interest, since the opposite party has shown deficiency of service. Hence this complaint.
Even though notice was issued to the opposite party it was returned and subsequently notice was issued to opposite party through substitute service and he remains absent and was called absent and set exparte.
The main points to be decided in this case is that whether there is any deficiency of service on the part of opposite party. In order to prove the case the complainant has filed the affidavit in tune with his pleadings and produced Exts.A1 First information sheet. The Ext.A1 shows that the opposite party has received `77334 on behalf of KVR dream vehicles from the complainant on 30.9.08. The complainant admitted in his pleadings that `42500 was given by the KVR dream vehicles to the complainant during the pendency of proceedings and had withdrawn the claim against the KVR vehicles, opposite parties 1 and 2. In the pleadings submitted by the KVR dream vehicles, they contended that they have received only `31,000 and for that amount they had issued receipt. They further contended that the delivery of the vehicle is delayed just because of the reasons that the complainant had not paid the initial amount of `70,000. But Ext.A1 shows that the opposite party had received `77334 on behalf of KVR dream vehicle. The complainant contended that the opposite party has to pay the balance amount of `35,834 to the complainant. The opposite party has not appeared before the Forum. So we are of opinion that there is deficiency of service on the part of opposite party for which he is liable to compensate the complainant by refunding the amount of `35,834 with 9% interest from 30.9.08, the date on which opposite party received the amount with `1000 as cost of the proceedings to the complainant and order passed accordingly.
In the result, the complaint is allowed directing the opposite party to pay `35,834 (Rupees Thirty five thousand Eight hundred and thirty four only) with 9% interest from 30.9.08 till realization with `1000(Rupees One thousand only) as cost of the proceedings to the complainant within one month from the date of receipt of this order, failing which complainant is entitled to execute the order against opposite party as per the provisos of consumer protection Act.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the Complainant
A1. First information sheet issued by OP
Exhibits for the opposite Parties: Nil
Witness examined for either side: Nil
/forwarded by order/
Senior Superintendent
