Date of order  :16-12-2013

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                            CC.184/13

                     Dated this, the 16^th  day of  December 2013

PRESENT:

SMT.P.RAMADEVI                                         : PRESIDENT

SMT.K.G.BEENA                                          : MEMBER

SMT.SHIBA.M.SAMUEL                               : MEMBER

Vignarajan.K, S/o.Narayanan,                        : Complainant                

Edathode, Po.Parappa, Hosdurg Taluk

(Adv.K.C.Sashindran, Hosdurg)

1. APCO Automobiles Pvt.Ltd, (Near Govt.     : Opposite parties

   Poly Technic College, Thottada Rep. by

   It’s Manager Samshir, Kannur. 671007.

2. APCO Automobiles Pvt Ltd, Kanhangad

    South, Kanhangad,Rep. by Its Manager

    SasiKumar, Po.Kanhangad.

(Ops 1 & 2 Exparte)

                                                                       SMT.K.G.BEENA,MEMBER

          Bereft of unnecessaries the case of the complainant is that he has booked a vehicle SK-407FB from opposite party No.1 through opposite party No.2 for a total cost of Rs.10,05,000/-.  Complainant has also availed a loan for a sum of Rs.8,50,000/- from Mahindra Finance Kanhangad.  Complainant has paid the total cost of the vehicle, as per stipulation opposite party has to deliver the aforesaid vehicle to the complainant on 22-03-2013.  Believing that opposite party will deliver the vehicle in time, complainant remitted the Ist loan instalment  a sum of Rs.25,300/-.  But opposite party failed to deliver the vehicle in time, the irresponsible and illegal act of opposite parties caused monetary loss and mental agony to the complainant.  Hence the complaint for necessary redressal.

2.         Both opposite parties served notice on 11-09-2013; but they did not turn up.  Eventhough the  Forum provide sufficient time for opposite parties to appear.  They remained absent.  Name of opposite parties called absent, set exparte.  Complainant filed proof affidavit.  Exts A1 to A8 marked.  Heard the complainant.  The important questions raised in this complaint are:

            1 Whether there is  any deficiency in service on the part of opposite parties?

            2 If so, what is the relief?

3         

            The complainant is alleging deficiency in service on the part of opposite parties as they failed to deliver the vehicle in time as promised  at the time of booking after  receiving  the total cost of the vehicle. Complainant has produced Exts A1 to A8 to prove his case. 

 4.        Here the complainant paid a sum of Rs.10,000/- on 28-02-2013, Rs.50,000/- on 16-03-2013 and Rs.30,000/- on 02-03-2013.  Complainant has also availed a loan for a sum of Rs.8,50,000/- from Mahindra Finance Kanhangad.  A demand draft of Rs.8,50,000/- already handed over by the Mahindra Finance to opposite party.  As per the condition the opposite parties has to deliver the vehicle on 22-03-2013, complainant remitted the 1^st

5.        

             Complainant has given Rs.90,000/- in expectation of getting delivery of the vehicle in time but was totally disappointed by the illegal act of opposite parties.  Forum has allowed enough time for the appearance of opposite parties, but they did not turned up.  Complainant has remitted the first instalment of Rs.25,300/- to Mahindra Finance; believing the assurance of opposite parties that the vehicle will be delivered in time complainant has also remitted Rs.23,064/- towards insurance of the vehicle.  Complainant is claiming a total amount of Rs.2,48,364/- with Rs.1,00,000/- as compensation  for mental agony.  We are of the opinion that complainant is entitled  for the amount he is already spent as advance payment, i.e. Rs.90,000/- insurance amount of Rs.23,064/-, Ist instalment paid by him, i.e. Rs.25,300/-  a compensation for mental agony and suffering is Rs.50,000/-.  Rs.10,000/- towards travelling expenses and a cost of Rs.5000/-.

            Hence the complaint is allowed and opposite parties 1 & 2 jointly and severally directed to pay  Rs.1,48,364/- towards the loss suffered by the complainant due to the deficiency of service on the part of opposite parties with a compensation of Rs.50,000/- and cost of Rs.5,000/-.  Time for compliance is 30 days from the date of receipt of copy of order.

MEMBER                                          MEMBER                                          PRESIDENT

Exts.

A1.Order Booking Form

A2.Order Booking Form

A3.Copy of Instalment structure

A4.26-03-2013 Copy of Lawyer notice.

A5. Postal acknowledgment card

A6. Postal acknowledgment card

A7.24-4-2013 Reply notice.

A8.Goods Carrying Vehicle Certificate cum Policy Schedule.

MEMBER                                          MEMBER                                          PRESIDENT

Pj/