Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
31stday of October 2022
CC 193/20 filed on 03/03/20
Complainant : George Thattil, Thattil Mapranathukaran House,
Varaakkara.P.O, Thrissur- 680 302.
(By Adv. A.D.Benny, Thrissur)
Opposite Parties :1. Divya, Sales Officer, BRD Car World Ltd,
Kunnamkulam Road, Poonkunnam.P.O,
Thrissur- 680 002.
2. BRD Car World Ltd, Rep.by Managing Director,
Kunnamkulam Road, Poonkunnam.P.O,
Thrissur- 680 002.
3. Maruti Suzuki India Limited, 1, Nelson Mandela Road,
Vasant Kunj, New Delhi-110 070.
Rep.by Managing Director.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
1) The complainant approached 2nd opposite party to buy a car on 13/12/19. 1st Opposite party was contacted and they made a customer offer worth Rs.45000/-. So on 14/12/19 an amount of Rs.40000/- was paid to the 1st opposite party towards booking charge of Wagon R LXI car and they issued a receipt for the sum bearing no.7839. The proposed delivery of the car was in the month of January. The complaint approached the 2nd opposite party with balance money on 07/01/20 to take delivery of the vehicle and 1st opposite party informed that the vehicle was already sold out on 28/12/19 to another person and they are not entitled to do so without intimating the complainant. They misused the money of the complainant. Subsequently they returned the money and the complainant booked the vehicle with another dealer which caused loss since there was hike in the price of the car. The act of the opposite parties amounts to deficiency in service. Hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.
3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced five documents which are marked as Exts. A1 to A5. Ext.A1 is the copy of notice by complainant dated 18/01/20; Ext.A2 is the Estimate given by opposite party; Ext.A3 is the temporary receipt of Rs.40,000/- dated 14/12/19; Ext.A4 is the reply mail from opposite party dated 24/01/20 and Ext.A5 is the mail of complainant to opposite party dated 18/01/20.
4) We have gone through pleadings and documents produced by the complainant. Ext.A1 to A5 prove the case of the complainant. Since there is no contra evidence available us, we are inclined to allow this complaint.
In the result complaint is allowed and hereby direct the opposite party to pay Rs.45000/- with 6% interest from the date of order till realization and pay cost Rs.2500/- within one month from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 31stday of October 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext.A1 is the copy of notice by complainant dated 18/01/20.
Ext.A2 is the Estimate given by opposite party.
Ext.A3 is the temporary receipt of Rs.40,000/- dated 14/12/19.
Ext.A4 is the reply mail from opposite party dated 24/01/20.
Ext.A5 is the mail of complainant to opposite party dated 18/01/20.
Id/-
Member
