By. Sri. Chandran Alachery, Member:-
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite party to deliver passion pro drum motor cycle to the complainant within the stipulated time as per booking made dated 27.03.2015 and to pay Rs.25,000/- as compensation due to the deficiency and directing the opposite party not to collect handling charge delivery charges of the vehicle and cost of the proceedings.
2. Brief of the complaint:- On 26.03.2015 the complainant approached opposite party to purchase the above vehicle and the opposite party gave performa invoice. The opposite party also offered vehicle financing through Indus Ind Bank and delivery of the vehicle within 7 days. The complainant remitted Rs.12,595/- as booking amount on 27.03.2015 and opposite party gave receipt. Loan arranged for balance amount of Rs.41,300/- and paid by Demand Draft to ACE Motors. On the seventh day, the complainant approached opposite party to take delivery of the vehicle, the opposite party demanded a sum of Rs.2,000/- as handling charges and delivery charge. Since it is illegal, the complainant was not ready to pay the said amount. The act of opposite party is unfair trade practice. Hence the complaint.
3. On receipt of complaint notice served to opposite party through special messenger and opposite party appeared before the Forum through counsel on 04.05.2015 and filed counter in I.A. 154/2015 for a direction to deliver the vehicle. Heard both sides and I.A.154/2015 is allowed. The opposite party received the Order in I.A 154/2015. The main case is posted to 29.05.2015. The opposite party also received notice in main case on 29.04.2015. The opposite party not complied the Order in I.A. 154/2015. The main case is posted on 29.05.2015. On 29.05.2015 opposite party not present before the Forum and not filed version. Hence opposite party is set ex-parte.
4. On perusal of complaint and documents, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite party?
2. Relief and cost?.
5. Point No.1:- The complainant filed proof affidavit and is examined as PW1 and documents are marked as Ext.A1 to A4. The case of the complainant is that the complainant approached the opposite party for the purchase of the vehicle and opposite party gave the performa invoice and the booking amount is Rs.12,595/- is given to the opposite party on 27.03.2015 and the opposite party gave receipt. The opposite party filed counter in I.A 154/2015 and admitted that the opposite party received the advance amount of Rs.12,595/-. The opposite party stated that the opposite party is the authorized service center of Hero Motor cycle in Wayanad District and opposite party also stated that the opposite party is the institution which is collecting the vehicles from ACE Motors, Calicut and delivering it to the customers in Wayanad District. The complainant stated that the opposite party arranged finance over the vehicle and the Demand Draft for the balance price of the vehicle is given in favour of Ace Motors, Kozhikode. The case of the opposite party is that the opposite party is collecting advance amount of booking price for the convenience of customers in Wayanad District and the opposite party is getting service charge for the same. The opposite party stated that the balance sale price is given to the Ace Motors by way of Demand Draft by the complainant and the opposite party is also stated that the booked vehicle passion pro was not in stock and that is the reason for non-delivery of the vehicle in time. There is no delay from the part of opposite party. The Ext.A1 document produced by the complainant is the receipt issued by opposite party for advance booking amount. Ext.A2 is the Perfoma Invoice and Ext.A3 is the Bank Statement. Ext.A4 is the complaint given by the complainant to Regional Transport Officer, Wayanad.
6. On perusal of complaint, proof affidavit and counter of opposite party in I.A 154/2015, the Forum found that the opposite party is collecting advance amount for the booking of vehicle and delivery the vehicle for and on behalf of the Ace Motors. It is the obligation of opposite party and Ace Motors to deliver the vehicle in time to the customers. The opposite party cannot accept any service charge from the complaint. Here in this case, the opposite party after filing counter in I.A 154/2015, not appeared in the main case and not filed version. The opposite party is ex-parte in the case. The evidence adduced by the complainant is not disproved by the opposite party. The booking of vehicle is done on 27.03.2015 and the complaint is filed on 29.04.2015. So far vehicle is not delivered to the complainant. So the Forum found that there is deficiency of service from the part of opposite party. The Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the opposite party is directed to deliver the vehicle (Motorcycle Passion Pro Drum) in Wayanad Disctrict as per booking without collecting any service charges from the complainant. The opposite party is also directed to pay Rs.2,000/- (Rupees Two Thousand) only as compensation and Rs.1,000/- (Rupees Two Thousand) only as cost of the proceedings. The opposite party shall comply the Order within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 10th day of June 2015.
Date of Filing:29.04.2015. PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Arshad. A. K. (Affidavit).
Witness for the Opposite Party:-
Nil.
Exhibits for the complainant:
A1. Copy of Receipt. Dt:27.03.2015.
A2. Copy of Performa Invoice. Dt:26.03.2015.
A3. Copy of complaint given to Regional Transport Officer, Wayanad. Dt:06.04.2015.
A4. Copy of Statement of Account.
Exhibits for the opposite party:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
