IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA.

Dated this the 26^th day of August, 2009.

Present:- Sri. Jacob Stephen (President)

Smt. C. Lathika Bhai (Member)

Sri. N. Premkumar (Member)

C.C.No.76/09

Between:

E.K. Sukumaran,

Sangamam,

Mudiyoorkonam.P.O.,

Pandalam,

Pathanamthitta.                                                                                .....       Complainant.

And:

C.M. Mathew,

Asst. Manager (Sales),

St. Antony’s Motors (I) Ltd.,

Vilavinal Raj Towers,

Santhosh Junction,

Pathanamthitta.                                                                                .....       Opposite party.

O R D E R

Sri. Jacob Stephen (President):

                        The complainant has filed this complaint against the opposite party for getting a relief from the forum.

                        2. The complainant’s case is that he had booked an Indica Car on 25.3.2009 and paid an amount of Rs.10,000/- to the opposite party, who is the authorised person of the opposite party as booking charge vide receipt No. Antony RCT-0910-000008 dated 1.4.2009.  The complainant is a pensioner and he booked the car anticipating his pension benefits.  But his pension benefits were not received as expected.  So he approached the opposite party and informed his inability to purchase the car.  Opposite party directed the complainant to file an application for the refund of the advanced booking charges.  Accordingly, he had submitted an application.  But the opposite party has not returned his advance booking charge so far irrespective of his repeated demands.  More over opposite party told the complainant that in case of cancellation of booking, opposite party will deduct Rs.2,500/- from the booking charge.  Any have nothing has been returned.  The non-payment of the advance booking charge by the opposite party is a deficiency in service and an unfair trade practice, which caused financial loss and mental agony to the complainant.  Hence this complaint for realising the advance booking charge with its interest along with compensation of Rs.50,000/- and cost of Rs.15,000/- from the opposite party. 

                        3. In this case, opposite party entered appearance but he had not filed his version.  Hence opposite party was declared as exparte.

                        4. In order to prove the complainant’s case, the complainant had adduced oral evidence as PW1 and two documents were produced.  The documents produced by the complainant were marked as Exts.A1 and A2.  Ext.A1 is the cash receipt dated 1.4.2009 issued by the opposite party for the payment of the booking charge of Rs.10,000/- by the complainant.  Ext.A2 is the photocopy of a specimen order booking form of Popular vehicles.

                        5. Materials on record shows that the opposite party has received an amount of Rs.10,000/- from the complainant on 1.4.2009.  There is no evidence contrary to the complainant’s case.  Thus the complainant’s case stands proved unchallenged against the opposite party.  The non-payment of the booking charge to the complainant is a clear deficiency in service and an unfair trade practice and hence this complaint is allowable with cost and compensation.

                        6. In the result, this complaint is allowed, thereby the opposite party is directed to pay the booking charge amount of Rs.10,000/- (Rupees Ten Thousand only) with interest at the rate of 10% per annum from the date of filing of this complaint with a compensation of Rs.1,500/- (Rupees One Thousand five hundred only) and cost of Rs.500/- (Rupees Five hundred only) to the complainant within 30 days from the date of receipt of this order failing which the complainant is allowed to realise the whole amount so ordered with interest at the rate of 12% from this date till the realisation of the whole amount.

                        Declared in the Open Forum on this the 26^th day of August, 2009.

                                                                                                                                    (Sd/-)

                                                                                                                             Jacob Stephen,

                                                                                                                                 (President)

Smt. C. Lathika Bhai (Member)                  :           (Sd/-)

Sri. N. Premkumar (Member)                    :           (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1    :  E.K. Sukumaran

Exhibits marked on the side of the complainant:

A1       :  Photocopy of the cash receipt dated 1.4.2009 issued by the opposite party    

               for Rs.10,000/- to the complainant. 

A2       :  Photocopy of the specimen order booking form of Popular vehicles.

Witness examined on the side of the opposite party:  Nil

Exhibits marked on the side of the opposite party:  Nil.

                                                                                                                        (By Order)

                                                                                                            Senior Superintendent.

Copy to:- (1) E.K. Sukumaran, Sangamam, Mudiyoorkonam.P.O.,

                     Pandalam, Pathanamthitta.              

                (2) C.M. Mathew, Asst. Manager (Sales), St. Antony’s Motors (I) Ltd.,

                     Vilavinal Raj Towers, Santhosh Junction, Pathanamthitta.

                (3) TheStock File.