D.o.F: 6/10/07<br /> D.o.O: 18/9/08<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD<br /> CC.NO.60/07<br /> Dated this, the 18th day of August 2008<br /> PRESENT:<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.RAMADEVI : MEMBER<br /> SMT.P.P.SHYMALADEVI : MEMBER<br /> <br /> Sijo Mathew,<br /> Nambiyaam Madathil,<br /> Kadumeni.PO, : Complainant<br /> Kasaragod.<br /> <br /> Ace Motors, Pvt.Ltd,<br /> Arangadi.Po, Kanhangad. : Opposite party<br /> <br /> <br /> ORDER<br /> <br /> SRI.K.T.SIDHIQ : PRESIDENT:<br /> <br /> The grievance of the complainant Sijo Mathew is that he advanced full price Rs.120300/- for Piaggio Ape D35 autorikshaw to Ace Motors Kanhangad on 5/6/07. The vehicle was intended to ply by himself to eke out his livelihood. The amount for the vehicle was obtained by way of loan under PMRY (Prime Ministers Rozgar Yojana) Scheme . At the time of payment of the price of the vehicle it was told from Ace Motors that if he makes a further payment of Rs.10,000/- they will release the vehicle immediately. Eventhough Sijo Mathew asked immediate delivery since they collected entire price of the vehicle prevailing at that time, Ace Motors did not deliver the Autorikshaw and they released it only on 19/9/07 ie, after 3 months and 15 days. At that time there was an inflation in the price of Ape Autorikshaw and therefore Sijo Mathew was constrained to pay a further sum of Rs.4500/- towards the increased price of vehicle. According to Sijo Mathew, since the delivery of Autorikshaw was delayed, he compelled to pay the loan instalments from his pocket without deriving any income by plying the autorikshaw. Hence this complaint claiming the excess amount paid by him along with compensation for his sufferings.<br /> <br /> 2. Ace Motors, Kanhangad entered appearance and filed their version denying the averments of Sijo Mathew. According to them, at the time of booking the autoriksaw on 5/6/07 the price was Rs.120300/-. They have not demanded Rs.10,000/- additionally for the immediate delivery of the vehicle. The entire price was collected in advance since the said amount was paid by Sijo Mathew by way of loan obtained by him from Bank under PMRY scheme. All the conditions of delivery was explained to Sijo at the time of booking itself that it will take 90 to 120 days for delivery of the vehicle and he has to pay the prevailing price at the time of delivery and as there was an increase of price of Rs.4300/- on the date of delivery, the said amount is collected additionally. Hence there is no deficiency in service on the part of Ace motors.<br /> <br /> 3. Complainant, Sijo Mathew examined as PW1. Exts.A1 to A3 marked. Ace motors Kanhangad has neither adduced oral evidence nor produced any documents. <br /> <br /> 4. It is a practice in vogue among the vehicle dealers to collect additional amount other than the price of the vehicle by way of premium amount to supply the particular brand of vehicle, which has got demand in market. Sijo Mathew testified that from Ace Motors he was asked a further sum of Rs.10,000/- to release the Ape autorikshaw immediately. We did not find any reason to disbelieve version of Sijo. This would go to prove that the delay in delivery of vehicle occurred not due to scarcity of vehicle with the dealer but as a result of restrictive trade practice adopted by Ace motors as defined U/S 2(1)(nnn) of Consumer Protection Act..<br /> <br /> 5. It is true in Ext.A1, it is printed that price will be as per the prevailing rate on the date of delivery. The settled position of law is also that one should pay the price prevailing at the time of delivery . But that is applicable if some one booked a vehicle without any payment or payment of a nominal amount by way of advance. In the instant case Sijo Mathew has paid the entire price of vehicle as on 5/6/07, and the vehicle was delivered only on 13/9/07. So even if it is considered that Sijo Mathew is liable to pay the price prevailing at the time of delivery, Ace motors cannot evade the payment of interest for the amount advanced by Sijo Mathew from the date of payment till the date of delivery of vehicle, since at the time of booking the vehicle no payment was stipulated and even then they collected the entire price by way of advance.<br /> <br /> 6. Therefore we hold that Ace Motors, Kanhangad has committed restrictive trade practice in not delivering the vehicle within a reasonable time say 7 days on receipt of full purchase price and therefore liable to pay interest for the amount received from Sijo Mathew from the date of acceptance of amount till date of delivery of vehicle.<br /> <br /> In the result, complaint allowed and Ace Motors Kanhnagad directed to pay compensation by way of interest @12% for Rs.120300/- from 5/6/07 to 19/9/07 ie, Rs.4230/- to Sijo Mathew along with a cost of Rs.1000/-. Time for compliance 30 days from the date of receipt of copy of order.<br /> <br /> MEMBER MEMBER PRESIDENT<br /> Exts:<br /> A1-5/5/07- receipt<br /> A2-13/9/07- invoice<br /> A3-19/9/07- cash receipt<br /> PW1- Sijo Mathew-complainant<br /> <br /> MEMBER MEMBER PRESIDENT<br /> eva/<br />