Kerala

Thiruvananthapuram

CC/19/223

John G Thekkekara - Complainant(s)

Versus

Derik Motors (P)ltd - Opp.Party(s)

30 May 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU

THIRUVANANTHAPURAM

 

PRESENT

     SRI.P.V.JAYARAJAN        : PRESIDENT

 SMT.PREETHA.G.NAIR      : MEMBER

                                                                              SRI.VIJU.V.R                       : MEMBER

CC.NO.223/2019 (Filed on  : 16.07.2019)

ORDER DATED: 30.05.2022

 

COMPLAINANT

 

          John.G.Thekkekara,

          Thekkekkara House,

          A-17, Darshan Lane,

          Kachani, Karakulam.P.O

          Thiruvananthapuram – 695564
          Kerala

 

          (Party in person)

VS

 

OPPOSITE PARTY

 

The Sales Manager,

Derik Motors (P) Ltd,

45/24, Thiruvananthapuram- Nagarcoil Main Road,

Neeramankara, Nemom Village,

Thiruvananthapuram

 

(OP by Adv.M.A.Rasheed)

ORDER

SRI.VIJU  V.R.  : MEMBER

1.       The complainant has presented this complaint before this Commission under section 12 of the Consumer Protection Act) 1986. The facts of the case is that the complainant took delivery of Tata Tiago XE(P) from opposite party by paying an amount of Rs 3,82,580/-. The opposite party has given Rs 80,000/- as discount in the head of exchange offer and also they have priced Rs 20,000/- for the old vehicle of the complainant. As per the vehicle details issued by the opposite party the price of the vehicle & other related expenses are as follows:

1. Vehicle Cost (Ex showroom price = Rs.420161
2. Road Tax- Permanent                             = Rs.26015
3. Road Tax –Temporary                  = Rs.155
4. Insurance- with Addon                 = Rs.27535
5. Fastag-Registration charges          = Rs.905
6. Accessories                                    = Rs.7809

Total onRoad Price= Rs.482580/-

2.       So the total on road price of the vehicle will come to a tune of                Rs 4,82,580 out of which the complainant has paid Rs 4,02,580 after deducting the amounts which was offered by the opposite party as discount & the price which was offered  to the complainant's old car. The vehicle was delivered to the complainant on 11/3/2019 along with the policy of the vehicle to the complainant. It is seen from the policy that only an amount of Rs 17,902/- was paid as premium. But the opposite party has collected Rs 27,535/- from the complainant for paying the premium amount. The opposite party has collected extra amount of Rs 9633/- from the complainant. The act of opposite party amounts to unfair trade practice, hence this complaint.

3.       The Opposite party entered appearance and filed version. The opposite party has averred that they are admitting the delivery of vehicle to the complainant. The complainant after accepting Rs 4,82,580/- as the on road price, which includes ex-showroom price, insurance amount, taxes and registration charges, has agreed to purchase the vehicle. The complainant has paid Rs 3,82,580/- as price of the vehicle after deducting one lakh rupees as discount which includes Rs 20,000/- as the price of the old car exchanged with the opposite party. The complainant has given a letter of undertaking to the opposite party after the delivery of the vehicle. The allegation of the complainant that the opposite party has received additional amount of Rs 9633/- for the insurance policy is baseless and utter false. The complainant after accepting the on road price of the vehicle as Rs 4,82,580 has purchased the vehicle from opposite party. Out of which Rs one lakh has been deducted as the packages of the exchange scheme & only Rs 3,82,580/- has been paid after deducting that amount from the total cost of the vehicle. It also includes the insurance amount. The opposite party is an authorised dealer of the Tata motors. The complainant has filed false & frivolous complaint against the opposite party, hence complaint may be dismissed with a cost of Rs 5000/- to the opposite party.

Issues to be ascertained:

1. Whether there is any unfair trade practice from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

Issues (i) and (ii)

4.       Both these issues were considered together for the sake of convenience. The complainant has filed proof affidavit and has produced 3 documents which were marked as Exts. A1 to A3.Opposite party has not filed proof affidavit, hence the evidence of opposite party was closed.

5.         It can be seen from Ext A1 that the total on road price of the vehicle was Rs 4,82,580/- which includes Rs 27,535/- as the amount for the insurance. The opposite party has given Rs 80,000/- as discount plus               Rs 20,000/- as the price for the old vehicle of the complainant. The complainant has given Rs 3,82,580/- as the price of the vehicle to the opposite party, which is admitted by the opposite party. The opposite party took the contention that   Rs 3,82,580/- includes the insurance amount also. But it can be seen from Ext A1 that Rs.4,82,580/- being the total on road price of the vehicle includes the insurance amount and other charges. The opposite party has deducted Rs 1 lakh from this on road price and received Rs 3,82,580/- from the complainant. The opposite party has not produced any evidence to show that Rs 3,82,580/- includes the insurance amount also. On going through Ext A2 it can be seen that the premium paid is only Rs 17,902/-. So it is evident that the opposite party has collected Rs 9633/- as extra amount from the complainant, which amounts to unfair trade practice.

    In the result, the complaint is allowed. The opposite party is directed to refund Rs 9633/- with 6% interest per annum from 11/3/2019 and pay Rs.2000/- (Rupees two thousand only) as compensation for the mental agony suffered by the complainant and pay Rs.1000/-(Rupees thousand only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount of  Rs. 2000/- (Rupees two thousand only) carry interest @ 9% per annum from the date of order till realisation.

                   A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

               Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 30^th day of May 2022.

                                                                                                                                                                      Sd/-

P.V.JAYARAJAN       : PRESIDENT

 

 

                                                                                                                                                                            Sd/- 

  PREETHA .G.NAIR: MEMBER

 

                                                                                                                                                                                        Sd/-

VIJU.V.R  : MEMBER

 

 

 

 

Be/

 

 

 

INDEX

CC.NO.223/2019

List of witness for the complainant

PW1                     - John.G.Thekkekara

Exhibits for the complainant

Ext.A1                  - Copy of vehicle details

Ext.A2                  - Copy of Private car policy- certificate cum policy

Ext.A3                  - Copy of GST Tax invoice

List of witness for the opposite party  - NIL

List of Exhibits for the opposite party – NIL

Court Exhibits                                   - NIL

 

                                                                                                                Sd/-

PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

BEFORE THE DISTRICT

 CONSUMER DISPUTES

REDRESSAL COMMISSION

 VAZHUTHACADU

THIRUVANANTHAPURAM

 

 

CC.NO.223/2019

ORDER DATED: 30.05.2022