D.O.F:18/05/2023

                                                                                                         D.O.O:15/04/2024

IN THE CONSUMER DISPUTES  REDRESSAL COMMISSION, KASARAGOD

CC.142/2023

      Dated this, the 15^th day of April 2024

PRESENT:

SRI.KRISHNAN.K                          : PRESIDENT

SMT.BEENA.K.G                               : MEMBER

Padmini P.

W/o chandran M.V.

Pollappoil (H)

P.O. Kodakkad (671310)

Via Trikaripur

Kasaragod.                                                                                          : Complainant                                            

   And

1. Abhinav K.

Manager,

Ignite Motors

Oppo. Vyapar Bhavan,

Railway station road,

Cheruvathur – 671313.

2. Kripesh K.

S/o Karunakaran

Madayitheru, Madayi P.O.

Kannur.

3. Saharsh Harinayanar

Near S.S. Temple

P.O. Payyannur, 670307.                                                     : Opposite Parties

ORDER

SMT.BEENA.K.G : MEMBER

            The complainant is alleging deficiency in service and unfair trade practice on the part of opposite parties in connection with the non-supply of TVS scooter even after payment of full price of the vehicle.  The facts of the case is that, the complainant booked for a TVS scooter from opposite party for Rs. 1,14,000/- and paid an advance amount of Rs. 24,000/- on 04/02/2023.  For the balance amount, the complainant arranged a vehicle loan of Rs. 90,000/- from Kodakkad Service Co-operative Bank, Vellachal branch and the amount is transferred to the account of opposite party on 16/02/2023.  But opposite party failed to supply the vehicle as promised earlier at the time of booking.  In the meanwhile, opposite party’s show room had seen closed.  Hence the complainant had given a complaint before SHO, Chandera and opposite party agreed to return the amount on or before 30/04/2023.  But so far, the amount is not refunded.  Hence the complaint is for necessary redressal.  The complainant was unable to repay the vehicle loan taken from Kodakkad Service Co-operative Bank.  The loan amount of Rs 90.000/- with interest is pending.  Due to failure of supply of the vehicle by opposite party, the complainant had undergone monetary loss and mental pain.  Hence the complainant is seeking refund of the amount received from her by opposite parties, ie, Rs. 1,14,000/- with interest along with a compensation of Rs.1,00,000/-. 

            Notice of opposite party returned stating not known.  Hence the complainant effected notice through paper publication in “Malabar Flash” evening daily. 

            The complainant filed proof affidavit in lieu of chief examination.  The documents produced are marked as Ext.A1 and A2.  The issues raised for consideration are;

1. Whether there is deficiency in service/unfair trade practice on the part of opposite party in non-supply of the vehicle?
2. Whether the complainant is entitled for relief?
3. If so, what is the relief?

The case of the complainant is that, he booked a TVS scooter for Rs. 1,14,000/- from opposite party and an advance amount of Rs. 24,000/- is paid in cash on 04/02/2023.  Ext.A1 receipt is produced to prove the same.  The complainant arranged a vehicle loan of Rs. 90,000/- from Kodakkad Service Co-operative Bank, Vellachal branch and the amount is transferred to the account of opposite party on 16/02/2023, Ext.A2 receipt is produced.  But the opposite party failed to supply the scooter on the promised date.  Even after repeated notices and paper publication, the opposite party did not appear before the Commission.  Ext.A1 and A2 proves that the complainant had handed over the entire price of the scooter to opposite parties.  But so far the vehicle is not supplied amounts to unfair trade practice and deficiency of service on the part of opposite parties.  In the absence of rebuttal evidence, this Commission holds that there is deficiency in service and unfair trade practice on the part of opposite parties which caused severe mental agony and monitory loss to the complainant.  The complainant had arranged the balance money by applying for a vehicle loan of Rs. 90,000/-. The said amount with interest is pending before the Kodakkad Service Co-operative Bank.  The complainant is entitled for relief in this case.  The opposite party is bound to compensate the loss and agony undergone by the complainant. 

The prayer of the complainant is to refund of Rs.1,14,000/- with interest and compensation.  As the complainant had already arranged a vehicle loan from Kodakkad Service Co-operative Bank and that amount is due, we allows 9% interest for the total amount.  Considering the facts and circumstances of this case, an amount of Rs. 50,000/- is a reasonable compensation of this case. 

Therefore, the complaint is allowed, directing opposite parties to refund the collected amount of Rs. 1,14,000/- (Rupees One lakh Fourteen thousand only) with 9% interest from 16/02/2023 till realization and a compensation of Rs. 50,000/- (Rupees Fifty thousand only) to the complainant within 30 days from the date of receipt of copy of this order. 

     Sd/-                                                                                                                   Sd/-

MEMBER                                                                                                      PRESIDENT

Exhibits

A1 – receipt

A2 – receipt

     Sd/-                                                                                                                   Sd/-

MEMBER                                                                                                      PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

JJ/