By: Smt. R.K.Madanavally, Member
Brief facts:-
The complaint is filed by the Power of Attorney holder of the complainant. The complainant had purchased one Yamaha Cygnus Alpha from opposite party No.1 on 16/9/16 which is manufactured by opposite party No.2 for an amount of Rs.61002/-. The opposite party No.1 had made him believe that the vehicle was manufactured during the year 2016.
After completion of the Registration procedures, s he came to know that the vehicle was actually manufactured in the year of 2015. But in the insurance certificate, the manufacturing year was noted as 2016.
Thereafter the complainant approached the RTO, Thirurangadi for enquiring the same. The RTO showed her all the relevant documents produced by opposite party No.1 for the purpose of Registration. On verifying the documents, the complainant understood that the year of manufacture of the vehicle was 2015. Thereafter the complainant enquired the same to opposite party No.1 and they informed him that it was happened because of printing mistakes and further they offered an amount of Rs.5000/- back to the complainant.
The complainant was not ready for the same and she demanded a 2016 model scooter. But the opposite party No.1 was not ready for the same. Though several demands were made by the complainant, opposite parties were not ready to deliver 2016 model vehicle which according to the complainant is misleading, illegal and unfair trade practice. Hence caused this complaint.
Opposite party No.1 set exparte. Opposite party No.2, though appeared no version was filed.
The complainant filed chief affidavit and Ext. A1 to A8 are marked. Ext. A1 and A2 are the receipts issued by opposite party No.1 dated 16/9/16 and 19/9/16 respectively. Ext. A3 is the copy of the RC bearing Reg. No.KL-65-H-5222, Ext. A4 is the letter dated 14/7/17 issued by Public Information officer, SRTO, Tirurangadi, Ext. A5 is the tax licence dated 1/10/16, Ext. A6 is the policy issued by Reliance General Insurance , Ext. A7 is the lawyer notice issued by the counsel for the complainant infavour of opposite party No.1 and Ext. A8 is the Acknowledgment for the same.
Heard the counsel for the complainant and perused the records. One of the main documents produced by the complainant is Ext. A4. Ext. A4 is the reply given by the Public Information Officer SRTO Tirurangadi. It is crystal clear that the vehicle is of 2015 model . In Ext. A3 ie the RC, the manufacturing year is noted as 2015. In Ext. A6 ie, in the policy , the year of manufacture is noted as 2016. Hence it is crystal clear that except in policy, all other documents reveals that the vehicle is of 2015 model . By giving a 2015 model vehicle instead of 2016 model opposite parties committed gross deficiency in their service and the same amounts their deficiency of service and unfair trade practice. So the complainant has proved her case and certainly, she is entitled for compensation from the opposite parties. More over no contra evidence is adduced by opposite parties
1) Hence in the interest of justice we allowed the complaint and opposite parties shall deliver a new model scooter to the complainant and the difference of value between 2016 model and 2017 model shall be given by the complainant.
If the opposite parties are not ready to give 2017 model scooter to the complainant they shall refund Rs.61000/- to the complainant being the value of the scooter.
(2) The opposite parties shall pay Rs.50,000/- to the complainant being the compensation for mental agony and hardships suffered by her and Rs.10000/- towards cost of this proceedings. On compliance of the above said orders by the opposite parties, the complainant shall return the old vehicle to the opposite parties.
The liabilities of the opposite parties shall be joint and several.
This order shall be complied within one month from the date of receipt of the copy of this order, failing which, the complainant is entitled to get 12% interest upon the said amount from the date of receipt of the copy of this order till realization.
Dated this 31st day of August, 2017.
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A8
Ext.A1 : Receipt dated 16/9/16.
Ext.A2 : Receipt dated 19/9/16.
Ext A3 : Copy of the RC bearing Reg. No.KL-65-H-5222.
Ext A4 : Letter dated 14/7/17 issued by Public Information officer, SRTO, Tirurangadi.
Ext A5 : Tax licence dated 1/10/16
Ext A6 : Policy issued by Reliance General Insurance
Ext A7 : Lawyer notice issued by the counsel for the complainant infavour of opposite party No.1
Ext A8 : Acknowledgment for the same.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
