Tamil Nadu

South Chennai

CC/441/2015

M/s.S.Rm.S.Narayanan Chettiar - Complainant(s)

Versus

DSC Motor Private Ltd - Opp.Party(s)

M/s.PL.Narayanan

06 Sep 2017

ORDER

                                                                        Date of Filing :  03.11.2015

                                                                        Date of Order :  06.09.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.441/2015

WEDNESDAY THIS 6^TH DAY OF SEPTEMBER 2017

 

S.RM.S. Narayanan Chettiar,

S/o. Sathappa Chettiar,

NO.6/10, Leith Castle Centre Street,

Santhome,

Chennai 600 028.                                    .. Complainant

 

                                        ..Vs..

 

DSC Motor Private Limited,

Rep. Branch Manager,

399 Anna Salai,

Nandanam,

Chennai 600 035.                                     .. Opposite party.

 

Counsel for Complainant             :    M/s. P.L. Narayanan      

Counsel for opposite party          :    Exparte.        

ORDER

THIRU. M. MONY, PRESIDENT

          This complaint has been filed by the complainant against the opposite party  under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.16,544/- towards interest for the amount of Rs.11,02,907/- paid towards sale consideration of the car and also to pay a sum of Rs.1,00,000/- towards deficiency in service and mental agony.  

1. The averments of the complaint in brief are as follows:

        The complainant submit that  he has booked a car Hyndai CRETA on 22.7.2015 and paid a sum of Rs.25,000/- by way of cheque.   Further the complainant state that the sales representative of the opposite party one M/s. Sudha told that if the complainant paid the entire amount the car will be delivered within three days.  Since the car was not available in yard.   The complainant also paid the entire amount except the amount towards insurance policy.  But the opposite party  has not delivered the car.  Thereafter the opposite party demanded a sum of Rs.32,833/- towards insurance policy for the car.   The complainant also paid the said amount on 11.8.2015.  But the opposite party has not delivered the car as assured on 16.8.2015.  The complainant totally paid a sum of Rs.11,02,907/-; since the opposite party delayed the delivery of the car.  The complainant issued legal notice to the opposite party on 11.9.2015.  But the opposite party did not sent any reply.   As such the act of the opposite party is amounts to deficiency in service which caused mental agony and hardship to the complainant.

2.     Inspite of receipt of notice the opposite party  did not appear before this forum and therefore the opposite party was  set exparte.  

3.     Though the  opposite party  remained exparte this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

4.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to  Ex.A4  are marked. 

5.     The points for consideration is :

1. Whether the complainant is entitled to a sum of Rs.16,544/- towards interest for the amount of Rs.11,02,907/- paid towards sale consideration of the car as prayed for ?

2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards deficiency of service and mental agony with cost as prayed for ?

6. POINTS  1 & 2: -

        Heard  complainant’s counsel.  Perused the records.   The learned counsel for the complainant contended that he has booked a car Hyndai CRETA on 22.7.2015 and paid a sum of Rs.25,000/- by way of cheque as per Ex.A1 & Ex.A2.  Further the learned counsel for the complainant contended that the sales representative of the opposite party one M/s. Sudha told that if the complainant paid the entire amount the car will be delivered within three days; since the car was not available in yard.   The complainant also paid the entire amount except the amount towards insurance policy.  But the opposite party  has not delivered the car.  Thereafter the opposite party demanded a sum of Rs.32,833/- towards insurance policy for the car.  The complainant also paid the said amount on 11.8.2015.  But the opposite party has not delivered the car as assured on 16.8.2015.  The complainant totally paid a sum of Rs.11,02,907/-; since the opposite party delayed the delivery of the car after completing the formalities and gave false assurance.   The complainant cancelled the booking and requested to repay the amount.  The opposite party after considering the request of cancellation and issued cheque which was realized only on 26.8.2015.  The contention of the complainant is that on the basis of the assurance of delivery of the car within three days the complainant booked the car on 22.7.2015.  Thereafter the opposite party has not delivered the car even after the receipt of entire payment including insurance charges.   On petty reason that delay in registration etc proves the deficiency of service.   The complainant is claiming a sum of Rs.16,544/- towards interest at the rate of 18% p.a..  But the transactions between the complainant and the opposite party is not commercial. The complainant also claiming a sum of Rs.1,00,000/- towards deficiency of service and mental agony.  But it is apparently seen that from the date of booking on 22.7.2015 and the entire payment made on 11.8.2016 and registration process held till 16.8.2016 shall not caused substantial mental agony.   Considering the facts and circumstances of the case, this Forum is of the considered view that  the opposite party is directed to pay a sum of Rs.8500/- towards interest and cost of Rs.3,000/- and the points are answered accordingly.

In the result the complaint is allowed in part.  The opposite party is directed to pay a sum of Rs.8500/- (Rupees Eight thousand and five hundred only)  towards interest and cost of Rs.3,000/- (Rupees Three thousand only) to the complainant. 

The above  amounts shall be payable within six weeks from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.    

          Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  6^th    day  of  September  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainants” side documents:

 

Ex.A1-  22.7.2015 - Copy of Booking Form.

Ex.A2-         -       - Copy of receipts for payment of consideration for the car.

Ex.A3-11.9.2015   - Copy of legal notice

Ex.A4-         -       - Copy of Ack. Card.

 

 

Opposite party’s side document: -  .. Nil..

 

MEMBER-I                        MEMBER-II                             PRESIDENT.